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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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My husband & I are trying to seek an no contest amicable divorce

Customer Question

My husband & I are trying to seek an no contest amicable divorce as we have no children & do not own property together & money is limited. However, I feel he should give me some money after 8 years of marriage, but know I can not force him to do this. He owns his own business, but says it is not worth anything. How can I find out if it is worth anything & if I can get any money from him?

I know he is already seeing someone else as he has told me so & I believe he wants to get married again, hence the reason for him wanting a quick "do it yourself" divorce.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Can you tell me what state this is in, and whether there has historically been a higher income from this business?

ScottyMacEsq :

(by that I mean before your marriage, etc...?) And would there be any discrepancy (given things that he has purchased, vehicles, property, etc... ) that would indicate that he was hiding some of it?

Customer:

We are in the state of Florida & no he never made any big purchases but refused to ever disclose to me how much money he made. I always kept control over the finances but I always felt as if he was hiding money from me. We never had a joint bank account. My bi-weekly pay checks went directly into the bank account whereas he usually made cash.

ScottyMacEsq :

And there was no evidence of any extravagant purchases or anything else that would indicate how much he made during this time?

Customer:

No-except to say he always had money to go to the bar 7 nights a week!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11783
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


OOps-did not mean to close out chat session-was still waiting for answers from you

Expert:  ScottyMacEsq replied 1 year ago.
Understand. I see that you may have rated this prematurely, but we can continue here.

I am going to be typing a response, so if you don't hear from me in the next few minutes, just know that this is what I'm doing...

Please bear with me as I respond...
Expert:  ScottyMacEsq replied 1 year ago.
first of all, if he is hiding assets, and you don't have any good evidence as to the location or nature of these assets, then it would probably be a better idea not to sign off on it right now. And that being said, if you don't have any good reason to believe that he is hiding assets, then there might not be any good reason to withhold your signature from the uncontested divorce. The reason is, in Florida marital assets are defined as property that is acquired during the marriage. If his business was running at a loss, and you were essentially keeping everything afloat, then if you were to go to court he might actually have a claim against you in the property that you have, rather than the other way around. The courts do not look at gender, but rather the higher earner in a marriage. Furthermore, to be able to find out what assets he does have, you would likely have to hire a private detective, and that would be pretty expensive, as well as having to get an attorney to file for a contested divorce, etc.

that's the main problem with an uncontested divorce: it is uncontested. If you were to demand that he pay you money, and he were not do so, you would either have to drop it, or go to court and seek that the court awards you some money. Now it's possible that you could leverage his desire to get married, and require him to sign off on a deal that if it's you, but understand that if you were to take this to court, you would still have to prove the assets that he has, and prove that you had some sort of claim to those funds.

frankly, I don't see a benefit in this, unless you did have some evidence that he was hiding assets from you. If he just didn't make anything, if he was a bum, if you never supported you, these would not be situations where the court would award you money for the hardship and/or pain and suffering that you went through, I'm sorry to say.

Hope that clears things up a bit. If you have any other questions, please let me know. Thank you, and good luck to you!
Customer: replied 1 year ago.


Thanks very much, this does clear things up. Neither one of us owned property. We rented a condo during our marriage & I was only trying to see if he had money tied up in the business he owns to get money out of him for my pain & suffering as you put it. But if the Florida court does not award for this only for property, then there is no point in going forward & if I am the higher earner, he might end up getting money from me. Thanks for your help.


 


Fiona

Expert:  ScottyMacEsq replied 1 year ago.
You're welcome. Again, I do wish you the best of luck in your situation.

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