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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 458
Experience:  Attorney with 13 years experience.
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I left my wife because of many issues, she is greedy. I left

Customer Question

I left my wife because of many issues, she is greedy. I left her with our house, cars, even paid for her credit cards, gasoline, groceries, utilities and also send our kids to good school. Just last month i cut her credit card and return all the bills. But i maintain my kids to school. Now i receive a demand letter of abandonment. I want to know if not paying her credit cards and not paying the bills an abandonment? I am willing to send my kids to school. I now live in an apartment. They have the house and cars. Now she wants half the share of our business. Can she get that? The house and cars are theirs, i will pay their tuition fees. But i want sole right in my business. Can you help me?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I want to file an annulment but she always scares me to get half of my hardwork business. I dont want that to happen. Can we share, i keep the business and she gets the house, cars, everything inside the house but i will still send kids to school but i dont want to pay the bills anymore.
Customer: replied 1 year ago.
I hope you reply soonest on my concern.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Michael J, Esq. replied 1 year ago.
What state are you located in? Thanks, Michael
Customer: replied 1 year ago.
Philippines.
Customer: replied 1 year ago.
Still no reply from your end?
Expert:  mmdesq replied 1 year ago.
Good Afternoon
In general annulments are difficult to get as they must be based on the allegation of fraud where are the allegations that invalidates the marriage from its inception.
if you are paying your wife's expenses, either directly or indirectly, then you have not abandoned her. Yes it is possible to divide marital assets in a divorce proceeding by awarding you the business and her the house & vehicles.it will depend on the valuation of the business assets and evaluation of the house and cars. It will also take into consideration your respective age and health vs your wife. The court will also take into consideration the respective earning capacities of both parties as well as the age of the children and who will be responsible for their care.
I hope that this information is helpful to apply to your specific facts.
Customer: replied 1 year ago.
What is the best thing to do?
Expert:  mmdesq replied 1 year ago.
considering you have mentioned several assets, including a business House & vehicles I would recommend consulting with an experienced divorce attorney. in addition the issues of child support and custody as well as tuition costs will be at play. although I understand no one wants to utilize our resources to pay an attorney under your circumstances it would be your smartest strategy and investment. You need to consult with an attorney that knows all of your facts and is familiar with the local judges advise you as to the best strategy for the best outcome under the circumstances.
Customer: replied 1 year ago.
I have talked to a lawyer. My wife is threatening to get everything. Im not after the custody. I want my children to be at peace. What are my wife's rights? Do we share obligations? It seems to be i am solely responsible for everything.
Expert:  mmdesq replied 1 year ago.
What your Wife is threatening to do is not as important as what she can realistically do. You are entitled to divide marital debt as well assets. The divisions will depend on the facts of your particular circumstance as I stated in the previous post. It is good that you have consulted with a local attorney.
Customer: replied 1 year ago.
Can i file for annulment? On what grounds? I have told that Psychological incapacity is a strong one. But im afraid that she will get the right to run over the business if i will be the one proven psychologically incapacitated. I think if i can prove that she is the one who is psychologicall incapacitated , i can win the case. But considering her family, they can buy the psychologist to prove otherwise.
Customer: replied 1 year ago.
Nullity of marriage or annulment is my major goal to stop her greediness.
Expert:  mmdesq replied 1 year ago.
In order to establish basis for an annulment you typically have to prove fraud. It is possible to try to show lack of capacity but I doubt you will be able to meet that standard as it does not take much to be allowed to marry. People will limited mental health abilities get married on a regular basis. The most common reason for annulment is usually fraud. ie You would need to establish that she lied and deceive you about a critical fact that had you know the truth you would not have entered into the marriage. This can be the fact that the person was already married, or the perhaps lied and said they could have children when they did not, etc.
I still think your mostly like scenario would be file an action for divorce rather than an annulment.