View Full Version : Legal separation and divorce
mares215
Jul 6, 2009, 04:53 PM
My husband and I want a divorce and are considering divorcewriter.com. As of right now we are living in the same house, (separate bedrooms) for financial reasons. We have been married for 27 years and I would like to know, when all is said and done and if I am awarded alimony and move in with a male friend can my alimony be cut off? Also can I get a guesstamation of how much it would be, so I can try to figure what to do? Also does there have to be legal separation first?
JudyKayTee
Jul 6, 2009, 04:57 PM
What State and what are the grounds for divorce?
I have seen divorces where the wife loses all support once she cohabitates. In fact, I investigate several of those arrangements a year.
No one can "guesstimate" how much alimony you will receive without your financial info - if that is what you are asking.
I would make sure the divorce is legal by using the services of an Attorney.
Fr_Chuck
Jul 6, 2009, 06:23 PM
Yes, what are the terms of the divorce, this was one thing I wrote into my divorce.
Alimony, what are incomes, did you work during marriage. And so much more. If you both agree, use an attorney, not online, it is easier and does not cost that much for a non contested divorce
mares215
Jul 6, 2009, 06:32 PM
I live in Ohio, and the grounds for divorce are my husband accusing me of having an affair, which never happened, plus there was no affection between the two of us, unless he wanted something. We mainly did our own thing, he was not here too much for me. There was very seldom an "I love you" in this relationship. Would it be best to go with an attorney or can I go with divorcewriter.com. We do own our home. We also have other investments.
Fr_Chuck
Jul 6, 2009, 07:38 PM
Do you and your soon to be ex, agree on who gets everything, if there is nothing to fight over, and you both agree, a local attorney should do it for a few hundred dollars. As long as both of you will just sign.
Often an attorney will know or think of things both of you may not consider.
megamanhood
Jul 7, 2009, 01:47 AM
Whatever agreed or awarded alimony will be honored even if you cohabitate. The alimony will only be terminated when you re-marry.
On whether you should have a legal separation or not, it depends on the grounds of separation. Most requires 3 years or so of separation... in which case a Deed of Separation is required. Divorce is granted for specific cases, such as adultery, physical and verbal abuse etc. You may have to check with the attorney
ScottGem
Jul 7, 2009, 04:06 AM
I live in Ohio, and the grounds for divorce are my husband accusing me of having an affair, which never happened, plus there was no affection between the two of us, unless he wanted something. We mainly did our own thing, he was not here too much for me. There was very seldom an "I love you" in this relationship. Would it be best to go with an attorney or can I go with divorcewriter.com. We do own our home. We also have other investments.
That is NOT grounds for divorce. Ohio offers fault based and no-fault divorces. This site explains the differences:
http://www.divorcesource.com/info/divorcelawsgr/ohio.
Generally a no-fault divorce will not provide spousal support, its an amicable dissolution of the marriage.
If you want support, then you will have to go for a fault based divorce and the only grounds that I see applying are either D or maybe F.
I took a look at divorcewriter.com and the first thing it says is: "If you and your spouse can agree on how to divide your property and how any children will be raised, you can save time and money by doing your own divorce. " Now do you really think you will arrive at an agreement with a husband that falsely accused you of having an affair? Especially one that would pay you alimony?
Get a lawyer!!
JudyKayTee
Jul 7, 2009, 06:04 AM
Whatever agreed or awarded alimony will be honored even if you cohabitate. The alimony will only be terminated when you re-marry.
On whether you should have a legal separation or not, it depends on the grounds of separation. Most requires 3 years or so of separation... in which case a Deed of Separation is required. Divorce is granted for specific cases, such as adultery, physical and verbal abuse etc. You may have to check with the attorney
Maybe this is correct where you live but it is NOT correct where I live - I see the provision that spousal support stop when the person cohabits in the majority of Judgments of Divorce. Remember - I investigate these living situations on behalf of the person PAYING the support.
Also - please give the names of the States ("most") which require a three year separation before a divorce is granted. I am familiar with one year with a written agreement, not simply living apart, but three years?
cdad
Jul 7, 2009, 12:37 PM
Also try to keep in mind that whoever hires the lawyer.. that lawyer will be thiers and that's who they will represent. It would be illegal for a lawyer to represent 2 opposing parties in the same action against each other.