I have just recently learned my wife of 26 years is planning on filing for divorce. I do not want the divorce - I don't believe we have irreconcilable differences at all. She has seen a lawyer and she told me she as signed the paperwork but that she doesn't intend to file until after our youngest son's birthday in January (he turns 18). She says she believes we can negotiate our own settlement so no need to contest. I have three questions right now: One, can I contest just the grounds for divorce to appeal to the court to recommend counseling or something? Two, I supported my wife all through the last year of college and then graduate school so she could earn her professional degree. Over the years she has earned more than me - if you disregard those first five years. However, almost 45% of the income I've earned since then (21 years) came in a 5 year period ending in 2006 when I was fired from that job and have zero prospect of returning to work in my profession due to that incident. I am still unemployed although I have had a consulting contract that paid me about $60K from last October until now. Contract ends this month. A one-time deal - there is no way to enter into a similar deal with anyone. Meanwhile, my wife just negotiated a deal with her company to switch jobs and will now be contract rather than employee. She was earning $52K per year. Her gross under new deal will be about $96K per year. She has to travel 5 days a week for new job. Under this scenario I believe I am entitled to something either maintenance or property to offset discrepancy in income. Our 17 year old son (18 in January)will live with me (at home if I can keep her from selling the house). How would the judge go about figuring out what our incomes are for this purpose? Three, my wife claims she did not have to include an "offer" or "request" as to property division etc. in the complaint she signed. Can that be accurate?
She is having the divorce delivered when the child turns 18, as you would have custody and child support until then. Alimony is a possibility. You need an attorney.
[quote]I have just recently learned my wife of 26 years is planning on filing for divorce. I do not want the divorce - I don't believe we have irreconcilable differences at all. She has seen a lawyer and she told me she as signed the paperwork but that she doesn't intend to file until after our youngest son's birthday in January (he turns 18).
>>>>>>>>>>>> She doesn't want to pay child support .
She says she believes we can negotiate our own settlement so no need to contest. I have three questions right now: One, can I contest just the grounds for divorce to appeal to the court to recommend counseling or something?
>>>>>>>>>>>>> Yes , the court can order a hearing to see if the marriage is truly irretrievable. If the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for an attempt at reconciliation. Another reason to wait until the child turns 18 .
Two, I supported my wife all through the last year of college and then graduate school so she could earn her professional degree. Over the years she has earned more than me - if you disregard those first five years. However, almost 45% of the income I've earned since then (21 years) came in a 5 year period ending in 2006 when I was fired from that job and have zero prospect of returning to work in my profession due to that incident. I am still unemployed although I have had a consulting contract that paid me about $60K from last October until now. Contract ends this month. A one-time deal - there is no way to enter into a similar deal with anyone.
>>>>>>>>>>> That could be problematic . You have shown the ability to earn a significant income .
Meanwhile, my wife just negotiated a deal with her company to switch jobs and will now be contract rather than employee. She was earning $52K per year. Her gross under new deal will be about $96K per year. She has to travel 5 days a week for new job. Under this scenario I believe I am entitled to something either maintenance or property to offset discrepancy in income.
>>>>>>>>>>>>> You may be entitled to spousal support or a greater percentage of marital propert in equitable distribution .
Our 17 year old son (18 in January)will live with me (at home if I can keep her from selling the house).
>>>>>>>>>> That would depend on how property is apportioned . If there is a mortgage you would need to buy out her share of the equity and refinance in your own name .
How would the judge go about figuring out what our incomes are for this purpose?
>>>>>>>>>>>>>> You would , most likely , have income imputed to you based on what you could realistically earn .
Three, my wife claims she did not have to include an "offer" or "request" as to property division etc. in the complaint she signed. Can that be accurate?
>>>>>>>>>>> Yes .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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