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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35001
Experience:  16 yrs. of trial experience
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My husband of almost 22 years is divorcing me.

Customer Question

My husband of almost 22 years is divorcing me. He has had a mistress since before he left me on October 21, 2012. He tells me that he will help me with bills, etc... for 2 years. After that, nothing. I'm disabled and I get $848.00 a month. He's in the military and makes over 6600.00 a month. I feel that I'm worth more than 2 years. He's always taken care of me. For over 21 years. I worked maybe 4 months after we got married. After that, he's always taken care of me. I've never worked after those 4 months of our marriage. I think I deserve more help than 2 years. I can't work. I have had three neck surgeries, and multible other surgeries. I have disc degenerative disease, migraine headaches, anxiety, social anxiety, sometimes panic attacks, etc.... I'm so sick some days, I can't get out of bed to brush my teeth! I really need an attorney that will help me get what I deserve. However, my husband knows every single judge in almost every county in Mississippi. Please HELP me!!! My name isXXXXX . My phone number is XXXXX My address is XXX XXXXX XX., XXXXX XXXXX , XX XXXXX . I have a hard time driving long distances. It is really hard on my body. I have NO friends. And no one that can take me anywhere. PLEASE Help me!!!!!
Submitted: 4 years ago.
Category: Legal
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Ma'am, you mention military, can you tell me, is he on active duty?

And can you tell me how long have you been married?
Customer: replied 4 years ago.
He is active duty. As of August 23, 2013 we will be married 22 years.
Expert:  P. Simmons replied 4 years ago.
Thank you

One more question please...can you tell me, how long has he been on active duty (the answer will help determine your right to his pay)?
Customer: replied 4 years ago.
I think 22 to 23 years.
Expert:  P. Simmons replied 4 years ago.
Thank you

Ma'am, you need a lawyer. One who understand Title 10 US Code, Sections 1408, 1062, 1072 and Chapter 73 (of Title 10). Taken together, this law contains the provisions you need to ensure you are protected during the divorce. This law is called the former spouse protection act

Specifically, this law allows the divorce court to order that your ex pay you up to 50% of his retired pay.

That is in addition to any support ordered by the court.

Also, the law allows the court to order your spouse purchase and maintain "survivor benefit plan"...this is an insurance product on his military pension that allows you to continue to receive a portion of his military pension even if he dies prior to you.

This law also allows you to keep your military ID card after divorce, so you continue to have access to the base and to TRICARE medical care.

Also, under the service regulations, he is required to continue to pay you support while you are married (until the divorce is final)

You want a lawyer who understands all of this to make sure you get what you are entitled to, by law

But it sounds like he is trying to give you much less than you deserve.

That is why you need a lawyer.

You can start the search to find a competent lawyer here

Mississippi Bar Association
643 North State Street
P.O. Box 2168
Telephone:(NNN) NNN-NNNN

Ma'am get a lawyer who understands the former spouse protection act...they can ensure you get what you are entitled to

Customer: replied 4 years ago.
I need a lawyer that will work for me for almost nothing. I have almost NO money. And right now, my husband is in control of all of my money. He manipulated me into putting his name on MY bank account. He told me that IF I touch a penny without telling him, he would cut me off completely and I would be living on the streets. I don't know what to do. Can you direct me to an attorney that will work for someone on disability with almost no money? I have to find an attorney ASAP. He's already filed the papers I think. I don't want to be left with nothing and two years of support. Please help me. I'm stuck between a rock and a hard place. I have no one. It just me and my son. Please help me.
Expert:  P. Simmons replied 4 years ago.
Ma'am I am not allowed to give a by name referral...but that is why I recommend the state bar...they can do this

And the great thing (for you) is that the court has the power to order your spouse to pay you support now...this can help you pay your attorney.

The key thing is to find a lawyer who understands the former spouse protection act.

This is the law that will help you get half of his money.

Call the state bar...they can give you referrals...then interview the leads they give you and pick not just the lawyer who will work cheap....but the lawyer who understand Title 10 US Code 1408 (the former spouse protection act)

Let me know if you have more questions...happy to assist if I can

Customer: replied 4 years ago.
Will I still be charged $50.00 for this information? I really don't have that much money.
Expert:  P. Simmons replied 4 years ago.
Ma'am, if you do not rate the answer, you can certainly demand a refund.

Of course I, like the other experts on this site, give my time and expertise to folks like you in order to earn money to "pay the bills" for my family.

So your do not have to rate the question if you do not want to...but the result is I would not receive any compensation for my assistance

Let me know if you have more questions...happy to assist if I can