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MS is an equitable distribution of assets state, she is completely off base on the fact you will get nothing. It really sounds like there are some complicated assets and you need to get an attorney. Assets purchased during the marrage are 50/50 split, assets brought into the marriage are normally only 50/50 split of the equity from the marriage forward. Ie. house purchased before marraige was worth $100,000 and had 75,000 loan against is now worth $150,000 and owes $50,000 would normally be broken out to around $75,000 equity to be divided 50% and she would get the 25,000 equity in addition to it. Normally alimony is not awarded in MS for marriages of less than 13 years but temporary alimony (usuall term is rehabilitative support)may be available if there is an income disparity it is short term only. Are there children invovled? File under adultry, cruel and inhuman treatment is almost impossible to prove if its mental cruelty, withoholding affection again is hard to prove, habitual drug use is rarely used. You only need one reason to file in MS for a fault based divorce so only use one unless your attorney tells you differently. If you are going to try to not use an attorney sit down and list the assets and their value. Sweat equity does not amount to much in real dollars so I'm sorry that you remodeled something but unless it improved its actual value then it's a loss. Subtract the debts from the assets and that is your net worth, take 50% of that and offer to let her buy you out and avoid the legal costs. Use me as an example I just spent $20k on a divorce and that was just my attorney fees, she spent about the same, explain to your stbx the costs of an attorney and she may be willing to just get it over with and settle. Best of luck to you and prayers are with you my friend. Divorce sucks and noone can make it easier. |