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cnttkitanymore
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Reged: 09/01/07
Posts: 9
Loc: Upstate NY
Where to begin
      #128785 - 09/01/07 09:39 PM (74.74.118.8)
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Together 23 years - married 18. Gave up jobs and education to stay home and raise both his and my children.(NONE TOGETHER) Have tried to get jobs many times but had to give them up because of his verbal abuse that I was fooling around at any job I had. Same with trying to further my education. He is very controling and verbally abusive.I stayed home because his job requires travel and someone had to be home with kids. Everything we own is in his name including all utilities and my cell phone. He has his own PO boxes in both the town where we live and where his office is. None of his mail (re: credit card bills, bank statements, etc,) comes to the house. I have never seen any of them. I am also locked out of rooms in my own home!!! He makes $100K plus per year - I make zilch. Am given $1000 per month allowance. He stopped paying and canceled my credit cards so my credit is shot as I cannot pay them. He has a habit of buying expensive toys.(telescopes,cameras, guns). I have no access to any money to start a divorce. His 401K alone is at about $500K. All attorneys want at least $1500 to start anything and I am penniless. CAN ANYONE HELP ME - PLEASE????

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jbar
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Reged: 12/16/06
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Re: Where to begin [Re: cnttkitanymore]
      #128831 - 09/02/07 06:26 AM (68.88.192.71)
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Well, I must admit that it sounds like he has taken many practical steps (but no really dirty ones) to create as much difficulty and cost for you as possible, if you divorce him. I don't mean to discourage you, but to do anything you have to have a lawyer. "Pro Se" is really only for amicable divorces. "Legal Aid" will not assist you unless you and your children are clearly abused and penniless, and the judge will not order him to pay your attorney's fees unless he files on you, you cannot afford a lawyer and you have not committed any behavior reflecting an immoral character or nature. Of course, even if you might get such an order for him to pay your attorney, you must first get the case into court. Generally it is not permitted of any third party to finance a divorce, but a loan, if obtainable, can be used for this purpose. It must, however, be a bona-fide loan which is expected to be paid back, at a fair rate of interest.

Disclaimer: Not legal advice

Edited by jbar (09/02/07 06:29 AM)


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Jada
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Re: Where to begin [Re: cnttkitanymore]
      #128836 - 09/02/07 07:39 AM (69.115.64.195)
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Well, the first thing you do is make an appointment for a free consultation with every lawyer in your area and present your predicament to them.

Anything that was acquired during the marriage is marital property. And given your history and length of marriage, you will probably get permanent alimony.

And the court will order your husband to disclose ALL of the financial information. Including providing the bank statements that he is hiding.

And given the huge disparity in income, the court just may order your husband to pay your attorney fees.

And you may find a lawyer who is willing to work with you on payments. Do you have family that you can borrow money from?

Once you file, your husband will probably stop giving you any money. So you will need to file a pendente lite motion asking for spousal support.


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cnttkitanymore
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Reged: 09/01/07
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Loc: Upstate NY
Re: Where to begin [Re: jbar]
      #128849 - 09/02/07 09:12 AM (74.74.118.8)
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I also wanted to mention that he moved his 90+ mother in (for the 2nd time) who suffers from alz. & dementia. He is an only child and his kids, her family AND his ex couldn't deal with her & he promised her that he would never put her in "a home", so it's back to me she comes! She cannot stand me and I must admit the feeling is mutual (it was this way before the illness) and not much has changed other than she "forgets" she doesn't like me and I get to go thru that everyday as well. I am nothing but caring and attentive to her, but should I really be expected to do this without compensation? I can't even actively look for employment because she cannot be left alone. Thanks for your help.

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oct_cat
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Reged: 08/27/07
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Re: Where to begin [Re: cnttkitanymore]
      #128852 - 09/02/07 09:22 AM (24.196.115.109)
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Get a job, start paying back on your credit cards & keep a journal of everything you do. As you earn your own money, set up your own checking account or savings account. Your husband is trying to totally control everything so the best way to show the control is over is to start declaring some independence. He'll probably stop your monthly allowance (though from the beginning that was a sign of him keeping control), but keep pushing on to free yourself of his tight reins. If you give in, he'll know he won yet again.

--------------------
Some ppl r like Slinkies not good for anything but u still smile when u push them down stairs


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oct_cat
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Re: Where to begin [Re: cnttkitanymore]
      #128856 - 09/02/07 09:28 AM (24.196.115.109)
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Just read your latest post. His mother is another way of him keeping the control. The only way you can get out of that situation is to declare your independence & take care of yourself. If he cares that much about his mother, he'll have a day nurse come in while you're working a job, or put her in a retirement home. If you continue to care for the kids, the mother, the house, etc . . . as he expects you to, then you can expect to be stuck there until you show him you're the boss of your own life.

--------------------
Some ppl r like Slinkies not good for anything but u still smile when u push them down stairs


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cnttkitanymore
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Reged: 09/01/07
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Loc: Upstate NY
Re: Where to begin [Re: oct_cat]
      #128871 - 09/02/07 10:07 AM (74.74.118.8)
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You are a lot of help - thank you. I am afraid that if I go to work and something happens to m-i-l, I will get in trouble for abuse or something. I am soooooooo looking forward to being out of this nightmare and start living again!

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jbar
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Re: Where to begin [Re: cnttkitanymore]
      #128947 - 09/02/07 05:16 PM (68.88.192.71)
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If the m-i-l is on medicare you may be entitled to some benefits for providing her care. This may be in addition to Social Security providing for a day nurse for a limited number of hours weekly.

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gigi
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Re: Where to begin [Re: cnttkitanymore]
      #128948 - 09/02/07 05:22 PM (68.110.76.139)
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I agree with Jada on her point that you need to start making appointments for free or low cost consultations with lawyers in your area to see if they can help you figure out what to do about payment of thier fees as well as your own expenses if you separate.

There are ways to handle this, and since I assume you have a house as well as the other stuff you said he has (retirement accounts, etc), you'll end up with half that stuff as well as probably alimony, so you'll be able to make ends meet eventually. You need to not spend any money at all on yourself, don't use credit cards, understand that you may be living in a lovely home, but you are living like a poorly paid housekeeper in that house, and you can't afford new clothing, manicures, etc... (not that this is waht you spend money on to GET those credit card balances, but it's kind of common)... if he complains that you are not buying what he wants you to buy with your allowance, just explain that you're saving to pay off your credit cards & can't afford to get the stuff he wants you to get, but if he's willing to give you a full partnership with the marriage and the money, then maybe between the two of you, you can figure out how to do things mroe fairly (this is not a good solution for the long run, as he's likely to not allow it, but that's the best you can do for a temporary explanation while you're saving up money that you'll need to hire a lawyer.)

We don't know your situation, whether your expenses & spending habits were reasonable and appropriately budgeted... people who overspend often don't realize that they are responsible for thier own problems until way too late, and even then, they often don't want to take responsibility for the fact that they should have cut back, insisting that cutbacks were impossible.

My husband, for example, should have done to his ex-wife, 15 years ago, what your husband did to you, with regard to the family finances. Becasue he didn't, they were never able to save a dime. If his back was turned, she'd write out a check for a non-refundable deposit on yet another over-priced purchase. He'd come hom eto find a hole in teh back yard & a swimming pool contractor's sign on the front yard. he'd come home to new cars in the driveway. One day, he even came home to find she'd put a non-refundable deposit down on a lot in a neighborhood that she insisted they needed to live in, which he said was not a good, buildable lot... anything built on it would cost twice what it was worth, because of the location, strange size & shape, and other issues within that neighborhood. He gave in (the deposit was non-refundable, it was early in the marriage and he didn't realize the extent of her mental problems at that point), and they built the house, but lost it a few years later when they could no longer afford the problems they had with it.

Even after the divorce, she keeps secrets, spends money, and then comes to him to get it paid... though now she can only spend money that's somehow related to "the kids" and justify the request that he reimburse her... and because the court was aware that this was a problem, they were pretty specific that he is NOT responsible for all this stuff unless he volunteers to take it on, which he does not volunteer for for esveral reasons: because her spending on this stuff is excessive, because she keeps it secret from him till after the fact in many situatinos, because she is extravagant with many things for herself (vacations, etc) and then comes to him to pay for SOCKS, because she uses the stuff she does for them to drive a wedge between him m& the kids and THEN wants him to pay for the stuff she's used this way... oh SO MANY reasons that he won't pay for it any more.

Still, she seems unable to rein in her spending, and he should have done it years ago.

If this is what your husband is going to say about spending & why he's done what he's done, then it's QUITE possible that he'll ALSO be fair with you about a reasonable settlement of the marital property, and because you've not spent it all, there IS some marital property to divide and you won't end up destitute... but better, if that's the case, is that this won't be a divorce full of anger, as long as yuo don't becoem unerasonable and demand too much, but from your statements so far, that doesn't look like it's a real danger.

If this is NOT why he was doing that, and he was just being a jerk for the fact that he COULD... well, getting a lawyer to make certain you get your fair share of half of the marital assets will be VERY important.

Good luck. Make some appointemnts with lawyers to see what they can do for you... and be prepared to be tough on yourself in deciding whether or not you've got a problem with being a spendthrift that made your husband's restrictions more reasonable, or whether he's been truly unreasonable and you've got to make a resolution to live like a pauper for a while so that you can get some savings out of the allowance that eh ahs given to you.

Good luck & let us know how things go.


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cnttkitanymore
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Reged: 09/01/07
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Loc: Upstate NY
Re: Where to begin [Re: gigi]
      #128956 - 09/02/07 07:15 PM (74.74.118.8)
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Wow - all of you are really helpful. I totally agree with all you had to say Gigi - and I have taken a long, hard look at not only myself, but the entire situation. Every relationship has two sides and I admit that I have retaliated financially - but not near to the degree that you have been through with your husband and his ex. In the 23 years weve been together, i've written 2 checks without his consent and that was because my so called "allowance" just didn't go far enough for going back to school essentials for 4 kids. They totaled no more than $150.00 each and were in no way devastating for him. The fact that I TOOK the checks were the issue - not the amount. As far as the credit cards go - I have in the past eight years accrued a total of about $13,000 but I really do not waste money and it was all for things for the house. Vacation? HA! It's been 17 years! A Manicure????? Never had one. I cut and color my own hair , for Gods sake. And that doesn't even bother me. I would kill for a massage, but I'm even willing to wait for Christmas for that if I have to and BEG!!! He , however, can go and spend $9000.00 for a lens for his telescope, and how dare I say anything if I find out at all. So yes, I get a little irratated and I do believe he is just being a selfish jerk, and not thinking of our financial future. What is happening here is nothing but a power struggle and I don't want to play. I want to get this part of my life over and get on with it. I have alot of living to do and I'm ready to start doing it. Please keep up the posts, all of you, because they really are helping me more than you know.

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