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Divorce and material responsibility during marriage

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  • Divorce and material responsibility during marriage

    During my marriage I shouldered all bills and payments as a Social Security receipiant with limited income. I had some savings but they were used up. He worked but never contributed but 33 dollars phone a month to the household. f. He worked more than 40 hours a week with good pay and saved all his money. Only spent gas and phone and some groceries primarily for himself from a discounter. He hid all his paystubs and deposits.
    I started divorce procedures a few months ago. The papers said something to the effect that a moratorium on spending, withrawal of cash, etc. exists until the divorce is over. He now 1 month ago went ahead and bought himself a new car and elevated his expenditures with insurance (was under a reasonable umbrella policy) probably to make himself look better in court. Even though I realize everyone is entitled to do with their money what they want and if one needs a new car then must go for it however, why exactly now during the divorce procedures Im asking myself, with the money he saved on my back. How in your opinion wuld the court vew this? Im asking because my attorney is lip tied. The State is Kansas.

  • #2
    Re: Divorce and material responsibility during marriage

    I wish to inform you that the courts in Kansas have the power to divide all property that a married couple owns or in which either spouse has an ‘interest.’ The court has the power to decide how to divide and distribute between the spouses any and all property and debt that either spouse owns irrespective of when the property or debt was obtained, whose name the property or debt appears on the title, by whose efforts the property or debt was obtained and whether the property or debt is located inside or outside the state of Kansas. The property is divided by the rule of ‘equitable division.’

    AFF

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    • #3
      Re: Divorce and material responsibility during marriage

      Originally posted by Postre View Post
      During my marriage I shouldered all bills and payments as a Social Security receipiant with limited income. I had some savings but they were used up. He worked but never contributed but 33 dollars phone a month to the household. f. He worked more than 40 hours a week with good pay and saved all his money. Only spent gas and phone and some groceries primarily for himself from a discounter. He hid all his paystubs and deposits.
      I started divorce procedures a few months ago. The papers said something to the effect that a moratorium on spending, withrawal of cash, etc. exists until the divorce is over. He now 1 month ago went ahead and bought himself a new car and elevated his expenditures with insurance (was under a reasonable umbrella policy) probably to make himself look better in court. Even though I realize everyone is entitled to do with their money what they want and if one needs a new car then must go for it however, why exactly now during the divorce procedures Im asking myself, with the money he saved on my back. How in your opinion wuld the court vew this? Im asking because my attorney is lip tied. The State is Kansas.
      It's time to show up at your lawyer's with scissors to unzip his lips. For nothing anyone else says is going to get you results -- only your lawyer by his presentation of the facts and evidence to the court.

      It is up to your lawyer to do a thorough discovery job and also advise you on your rights, precedent for situations such as yours, and to make the necessary argument to the court to get you the best results for division of property and assets.

      The court will make its decision on what it has before it -- not the facts you are setting out here. You are in an arena where the facts, the evidence and applicable law rule. We do not have the facts, much less the evidence that discovery would bring so it is up to your lawyer to dig and get at ALL the facts.

      Show up with scissors to unzip his lips. Figuratively speaking,of course.

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      • #4
        Re: Divorce and material responsibility during marriage

        Originally posted by Friend In Court View Post
        It's time to show up at your lawyer's with scissors to unzip his lips. For nothing anyone else says is going to get you results -- only your lawyer by his presentation of the facts and evidence to the court.

        It is up to your lawyer to do a thorough discovery job and also advise you on your rights, precedent for situations such as yours, and to make the necessary argument to the court to get you the best results for division of property and assets.

        The court will make its decision on what it has before it -- not the facts you are setting out here. You are in an arena where the facts, the evidence and applicable law rule. We do not have the facts, much less the evidence that discovery would bring so it is up to your lawyer to dig and get at ALL the facts.

        Show up with scissors to unzip his lips. Figuratively speaking,of course.

        Thank you so much! I begin to see a little clearer now. I will try the scissors ... (got to have a litle humor <9

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        • #5
          Re: Divorce and material responsibility during marriage

          I am confused as how exactly he forced you to spend all your money, instead of his own. What laws has he been charged with for this heinous crime?
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

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