Joe wrote:

My mother and father haven't spoken in 3 years, yet they live in the
same house. I am 22 now, and he has been cheating on her for years
(the clues were there even when I was in high school, ex. he would
leave for hours to "get gas," and spoke to her on the phone for hours
on end, and much much more). The kicker is she is her ex-sister in
law. It is obvious that he is waiting until my brother turns 18 to
file for divorce, so that she has a lower chance of getting much in
the divorce (probably end up being 50/50). He has been upgrading the
house the past year, and has constantly spoken badly about my mom to
my younger brother in hopes of turning him against her (which it has
to a certain extent). The thing that he holds against her is that she
has racked up around 10-20k of debt, but their combined income is
around 130k per year. I know she wants to get started on divorce
proceedings, but she was recently diagnosed with breast cancer, and
just had surgery a few weeks ago (his response when he heard that she
wanted him out of the house to recover--"you're not getting anything
from me, you @$#*", and he basically just comes back home to sleep).
She has chemo starting next month, and it would be a lot to deal with
all at once. What chances does she have of getting any more than
50/50, since as I've been reading adultery doesn't hold up in court.
The whole adultery thing has been quite a shake up for my family.
There are many people who have seen them together, and his mistress
has introduced him as her boyfriend at parties, yet they continue to
deny the adultery. Also, mail has come to our house with his
mistress' kids names on from car insurance companies (looks like
invoices, they haven't been opened), and an envolope which seems to
have a title for a black car (his is green, his mistress' is black) in
his name. Now my brother turns 18 next september, what recourse does
she have, and please let me know if anything needs to be clarified.
Thank you
J

It's probably going to be 50/50 regardless of what they do and how they
try to strategize or protect assets, etc. They can either be adults
and just do it in a relatively mature fashion, and keep more of their
own money in their own pockets, or they can fight and give most of
their money to attorneys, and have virtually nothing left over. In the
end, the judge will probably make it 50/50 anyway.

My mother and father haven't spoken in 3 years, yet they live in the
same house. I am 22 now, and he has been cheating on her for years
(the clues were there even when I was in high school, ex. he would
leave for hours to "get gas," and spoke to her on the phone for hours
on end, and much much more). The kicker is she is her ex-sister in
law. It is obvious that he is waiting until my brother turns 18 to
file for divorce, so that she has a lower chance of getting much in
the divorce (probably end up being 50/50). He has been upgrading the
house the past year, and has constantly spoken badly about my mom to
my younger brother in hopes of turning him against her (which it has
to a certain extent). The thing that he holds against her is that she
has racked up around 10-20k of debt, but their combined income is
around 130k per year. I know she wants to get started on divorce
proceedings, but she was recently diagnosed with breast cancer, and
just had surgery a few weeks ago (his response when he heard that she
wanted him out of the house to recover--"you're not getting anything
from me, you @$#*", and he basically just comes back home to sleep).
She has chemo starting next month, and it would be a lot to deal with
all at once. What chances does she have of getting any more than
50/50, since as I've been reading adultery doesn't hold up in court.
The whole adultery thing has been quite a shake up for my family.
There are many people who have seen them together, and his mistress
has introduced him as her boyfriend at parties, yet they continue to
deny the adultery. Also, mail has come to our house with his
mistress' kids names on from car insurance companies (looks like
invoices, they haven't been opened), and an envolope which seems to
have a title for a black car (his is green, his mistress' is black) in
his name. Now my brother turns 18 next september, what recourse does
she have, and please let me know if anything needs to be clarified.
Thank you
J

Isaac wrote:

On Tue, 16 Dec 2003 20:02:01 GMT, The Dave <no@no.com> wrote:
Probably for dividing up the property the alimony issue will be
essentially irrelevant. However if there are issues of spousal
support, states vary as to what wait they will give to marital
misconduct. I don't know if your advice is necessarily that good for
a spouse who is having medical problems which may affect her earning
ability for at least a temporary period.