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    Eutheria's Avatar
    Eutheria Posts: 1, Reputation: 1
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    #1

    Nov 30, 2007, 12:32 PM
    If she's with him, what am I entitled to?
    Hello, I have a question concerning my separation and divorce proceedings. In march of 2007 my wife asked that I move out of our apartment, which I did under the impression that she needed a break and wanted some time to herself. Within 30 days I received a phone call from her asked that I remove my possessions from our apartment for good. On the day that I removed my possession she attempted to convince me to sign a separation agreement she had had a lawyer write for her. I did not sign the agreement though I took a copy to review. To my surprise shortly afterwards I learned that she had purchase a building that we had discussed prior to my moving out of the apartment and that she had moved in with a man that I had introduced to her the year before. She and I had owned the business that resided within the building that was purchased. As of today there still has been no agreement signed by both parties. I have two questions that I would like answered if at all possible. 1.If no formal agreement has been signed by both parties are we still officially married and if so, is she committing adultery? And 2.In this situation what would I be entitled to?

    Thank you very much for your time and help.

    Sincerely; Stephen R. West
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 30, 2007, 01:33 PM
    Yes she is committing adultry, so what legally?? It means basically if you have child custody issues you may have some help there, but as for as property settlement, you need to hire an attorney, and sue for any property you think you should have gotten. And for divorce
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Nov 30, 2007, 03:11 PM
    [QUOTE=Eutheria]Hello, I have a question concerning my separation and divorce proceedings. In march of 2007 my wife asked that I move out of our apartment, which I did under the impression that she needed a break and wanted some time to herself. Within 30 days I received a phone call from her asked that I remove my possessions from our apartment for good. On the day that I removed my possession she attempted to convince me to sign a separation agreement she had had a lawyer write for her. I did not sign the agreement though I took a copy to review. To my surprise shortly afterwards I learned that she had purchase a building that we had discussed prior to my moving out of the apartment and that she had moved in with a man that I had introduced to her the year before. She and I had owned the business that resided within the building that was purchased. As of today there still has been no agreement signed by both parties. I have two questions that I would like answered if at all possible. 1.If no formal agreement has been signed by both parties are we still officially married and if so, is she committing adultery? And 2.In this situation what would I be entitled to?

    Thank you very much for your time and help.



    Most States will take adultery as grounds for divorce but the actual divorce papers say either Incompatibility or Cruel and Inhuman Treatment - the grounds have very little to do with the final outcome. What you are entitled to depends on your State and what your Attorneys can negotiate.

    And you aren't divorced until a Judge says you are and the Judgment of Divorce is approved and filed with the Court.

    Rather foolish of her to purchase any property while you are still married because depending on the State you are in it becomes community property and in theory you own half.

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