lostdad Posted August 17, 2010 Share Posted August 17, 2010 Hello, My wife are getting separated (she has fallen out of love with me apparently). She wants a legal separation to make sure there is no problems with custody issues regarding our two young children. She has said that she will not ask for spousal support because it's "not my fault." She just wants child support. Is it likely that her lawyer will try and convince her to ask for alimony/spousal support? Thanks in advance. Link to post Share on other sites
carhill Posted August 17, 2010 Share Posted August 17, 2010 Her lawyer will advise her of *all* of her legal rights and obligations. Is this to be an amicable or contested divorce? If she has marketable skills and/or has been employed gainfully, it's doubtful a court would award her alimony if you were to challenge any such motion. There is a place for this intent to be entered in your response, if contesting. Your lawyer should be advising you of these issues, not an internet layman I'm going through a divorce, so have some experience in my jurisdiction. Alimony isn't an issue for us but I saw all the relevant stuff on the forms. Link to post Share on other sites
Author lostdad Posted August 17, 2010 Author Share Posted August 17, 2010 Thanks for your reply. It's intended to be non-contested. She was a teacher until 7 years ago, when she gave it up to be a stay-at-at-home mom. She can't see her lawyer for consultation for a couple of weeks. I guess I need to find one too. Link to post Share on other sites
carhill Posted August 17, 2010 Share Posted August 17, 2010 Suggestion: Request mediation. It's offered through a local law school in our jurisdiction at no cost to county residents. Once you and W hammer out an agreement, they reduce it to legalese and you can have it reviewed by a lawyer. After stbx messed around with a paralegal for months and the filings ending up being improper, I finally went with her last time and the family law court suggested mediation, mainly to properly fill out all the forms. We'll be doing that this week. So, from this experience comes my suggestion to do it right and do it early. Looking at the dockets (which I can see online) the biggest cause of slow, painful divorces is often errors in the process. Good luck Link to post Share on other sites
Author lostdad Posted August 17, 2010 Author Share Posted August 17, 2010 Thank you! Link to post Share on other sites
drewsmom Posted August 18, 2010 Share Posted August 18, 2010 My stbx and I do have a pre nup but I am contesting it. It already states i get half of everything, just not his business that he and his family own, which they dont own anylonger. but in it I wasnt to get alimony. but at the time we were not planning on having any children at all, both of us decided we didnt want any. then a few yrs into our marriage he asked me if we could have one. I would have never asked him, and there are many witnesses that knew we never wanted children and he asked for one. so we had a baby and he didnt want me working so i quit my job. I know he knew I would try something because a week or so after he moved out he asked if i was gonna contest it. I said to him like i was stupid i dont know what that means. didnt want him knowing my business. he was controlling enough. i mean when he asked for this he wanted me to go with his lawyer, which is his step moms brother. when i said no he ran to his dad all paronoid. he infact insisted i was using his lawyer, he said the next day did you call steven yet i said no why would i call him? he said cause hes gonna be our lawyer. man am i glad i wasnt stupid and went with my own, he is so controlling i would have ended up so screwed. Link to post Share on other sites
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