In divorce does 50/50 always apply? - Page 5

Leaky Eye · #41 07-01-2007, 04:11 PM

I am not a lawyer but I am pretty sure she won't get a dime if you have her killed.

The4Aces · #42 07-01-2007, 05:32 PM

Have your dad take refis out on all the properties. Hide all the money. then stick her with 1/2 the debt.

Wubbie075 · #43 07-01-2007, 05:46 PM

There is no reason for him not to consult a lawyer... if he gets all the info and it looks like she'll get a significant cut then he is not obligated to go forward with the divorce..

and if the divorce idea doesn't pan out, how about a little polonium-210??

BillNye · #44 07-01-2007, 05:52 PM

[ QUOTE ]
I am not a lawyer but I am pretty sure she won't get a dime if you have her killed.

[/ QUOTE ]

deadmoney98 · #45 07-01-2007, 10:12 PM

This thread is full of inane responses. The only good responses I saw said to go talk to a divorce lawyer, which is an absolute must.

Most states have no-fault divorce. Hiring a PI or swearing what a terrible person she is will mean nothing. The general rule for dividing assets is equitable distribution, which does not necessarily mean 50/50. What is does mean is "fairly" according to any number of statutory factors. The likely result being, and you are not going to like this, is that your Mom may actually get more than 50% if that is what it takes to keep her in the lifestyle they had established as a couple.

All of the marital assets will be divided, which means everything they jointly earned during the marriage, including retirement accounts and pensions. The date that stops is the date of separation, not the date the divorce is final, so there may be some incentive to move out of the house.

Also, all of this could be moot. Going to trial to settle a divorce sucks. Even if you hire a lawyer and go before a judge, settlement is the most likely outcome. Of course settlement can be anything both parties agree to and does not have to be 50/50. Before a trial occurs judges can act as mediators between the lawyers to help negotiate a settlement.

FWIW, I am not a lawyer. I am in law school and worked in a family law firm in Pennsylvania. That means don't rely on things I or anyone here says, go talk to a NY divorce attorney. A few hundred bucks could save a lot down the road.

The second best option is selling everything and moving back to Greece, that would be cool, and illegal. Hiding assets is also illegal, btw.

MrMon · #46 07-01-2007, 11:53 PM

New York is one of the few states without no-fault divorce. (Though they are thinking about changing this.) In cases of provable adultery, everything can get changed, including division of assets. By all means, consult a top NY divorce attorney, this case begs for it.

PokerBob · #47 07-02-2007, 01:53 AM

It can be very humiliating/emasculating to have your wife cheat on you. I obviously do not know your father, but this is something to think about. Best of luck.

jaydub · #48 07-02-2007, 02:12 AM

[ QUOTE ]
"Are there taxes on gifts like this? I remember hearing there is a tax on any gift over $10,000 - not sure if this is correct."

I believe that a person is allowed to give up to $2,000,000 before the tax comes into play.

[/ QUOTE ]

KKF,

You believe a lot of stupid [censored], this is one such nugget.

J

Larry the Dog · #49 07-02-2007, 04:11 AM

Have him start gifting money like crazy to any family member he trusts to give it back if he wants it. My grandma gifts my brothers, myself, and my mom and dad huge sums of money partly to keep it out of my aunts hands now and after her death, in addition to the fact she doesn't really need it, but that's besides the point. Gifting it away works well for keeping it out of unwanted people's hands who may have some kind of claim to it otherwise.

JackWilson · #50 07-02-2007, 05:12 AM

I agree that the only good response to your question should be "hire a good divorce lawyer."

However, some of the things I've read in this thread...it makes my head spin. For example, the fact that she cheated means almost nothing and really means nothing if she hires a good lawyer. She could never have worked a day in her life and still be entitled to half as well. You'd have to testify to much more than her being evil to even begin to change any of this.

And whoever said you can give up to $2,000,000 without paying tax. That's ridiculous.

Short of anything illegal, hire a good divorce lawyer, try to make her settle as hard as you can. If she won't or she hires a good lawyer, be prepared for a 50/50 split on everything most likely.