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#1
06-30-2007, 07:23 PM
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In divorce does 50/50 always apply?
This is personal, but no one on this forum knows me really, so I figure screw it.
Basically, my mom cheated on my dad around 2 years ago, and she still is, with the same guy. My dad is a doctor, works three jobs, and owns four houses here in America, and a few in Greece. He's worked (and still does) very, very hard, even though he is sick, to make money and to keep the properties going (As investments). It would be sick and twisted if my mom, who is a manipulative, terrible person, were to get 50% of his net worth as the result of a divorce - because of this he has not divorced her, and has to live with her [censored] every day. He won't talk to a lawyer, I don't know why, he's stubborn. It's a very tough situation, but both my brother and I (both over 18) would not have a problem making a statement to the effect of "she had an affair and is evil". So I'm asking any legal people, or anyone who knows, would she be entitled to half of his assets in this situation? Does the affair break any contract they made by getting married? What's the deal? thanks 
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#2
06-30-2007, 07:29 PM
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Re: In divorce does 50/50 always apply?
I am guessing there were no pre-nup agreements? Not a family law specialist, but here in Canada, each spouse is entitled to 1/2 assets/liabilities accumulated during the course of the marriage. The fact of adultery wouldn't change that. Though it does make a difference in US I believe. Can a US lawyer chime in here and clear that up? In Canada, the whole family law system (property/custody/support) is heavily biased in favour of women due to extreme PC culture here, but perhaps it's a little bit better down South.
Good luck. In Russia this whole problem would have been solved for $20K. [img]/images/graemlins/wink.gif[/img] But then we have laws here in NA.
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#4
06-30-2007, 07:42 PM
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Re: In divorce does 50/50 always apply?
What state do you live in?
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#5
06-30-2007, 07:45 PM
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Re: In divorce does 50/50 always apply?
It depends on which state you live in.
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#8
06-30-2007, 09:11 PM
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Re: In divorce does 50/50 always apply?
[ QUOTE ]
I live in New York. I think the only reason he hasn't visited a lawyer is because he is under the impression he's going to lose half his money. [/ QUOTE ] there's gotta be something else going on. No way is your dad this stupid to not research the matter thoroughly if he actually does want a divorce.
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#9
06-30-2007, 09:21 PM
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Re: In divorce does 50/50 always apply?
Just go to a PI and have them get dirt on your mom. Give it to your dad. She'll probably settle for something less than 50% without needing to get lawyers involved.
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#10
06-30-2007, 09:33 PM
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Re: In divorce does 50/50 always apply?
[ QUOTE ]
[ QUOTE ] I live in New York. I think the only reason he hasn't visited a lawyer is because he is under the impression he's going to lose half his money. [/ QUOTE ] there's gotta be something else going on. No way is your dad this stupid to not research the matter thoroughly if he actually does want a divorce. [/ QUOTE ] He doesn't "want" a divorce, he's just left with no other real option. He's beat down, mentally, emotionaly, spiritually, and physically. It's really sad to see... As far as something else going on, I'm not sure what you are thinking - he is definitly not having an affair. He's home literally every night (she has pushed away all of our family friends because she's insane and ends up fighting with everyone - but there's nothing wrong with her, everyone else is just crazy) The only thing is he comes from Greece, he's old school type, maybe 66 years old, and is disgusted by this whole situation. He talks frequently of selling everything and moving back to Greece.
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