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Question about US divorce law - 2/11/2011 10:59:14 AM

Jaybeee

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Hi all,

From what I understand the various states have differing laws on how long a married couple must remain apart before a petition for divorce is admissible. An intriguing thought occurred to me; if the bulk of the couple's wealth was in the hands of the man, and it was the WOMAN who was the drive for the divorce, that would force her to remain with him until such time as she had accumulated sufficient cash, from somewhere, to support herself during any initial separation.

Now, does some mechanism exist in the US whereby a woman in an unhappy marriage can be supported by the state until such time as a settlement is reached?

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RE: Question about US divorce law - 2/11/2011 2:17:45 PM

LadyPact

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Yes, but it's not as easy as you're making it out to be. Depending on if there are any accusations of abuse, harassment, domestic violence, or other mitigating circumstances temporary services may be employed as financial crisis intervention. Of course, this only lasts for so long and is determined on a case by case basis how to proceed. It may mean that a person goes from emergency services to other forms of welfare until such things as child support can be established. It might also come as a form of financial support while job training is happening through another agency. Could be temporary housing as necessary.

Unfortunately, your question is exceptionally broad. There's enough out there where a woman doesn't have to stay with a man who is treating her poorly just because of the financial issue. Without specifics, there's no way to know what she might qualify for or what is at her disposal.

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RE: Question about US divorce law - 2/11/2011 3:08:25 PM

Jaybeee

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Thank you for the info. It is fairly straightorward here in the UK as our welfare state covers just about anything and anyone, even after recent cuts. As for the particular lady in question, I sent your questions on, this is what I have back:

- is already on a very low, but full time salary (Edit - 1600 USD);
- length of marriage = 30yrs
- Children = 4, youngest becomes an adult within 6 months;
- No abuse, violence etc, just utter incompatibility;

< Message edited by Jaybeee -- 2/11/2011 3:21:59 PM >

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RE: Question about US divorce law - 2/11/2011 3:12:39 PM

Termyn8or

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There used to be a thing called suing for separate maintainence.

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RE: Question about US divorce law - 2/11/2011 4:07:56 PM

CalifChick

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There are few states where a person must be apart to divorce. These are generally states that have at-fault divorce; one person must be at fault. In no-fault states, you generally do not have to live apart at all to file for divorce.

If in a community property state, then she is basically entitled to half of everything. When either one files for divorce, both are forbidden from taking money out of the accounts except for basic, necessary and normal expenses like mortgage, rent, car payments. This is found on the back of the forms you have to sign to file. If they have joint accounts, either person can legally close them (by banking rules, not divorce rules), but the judge will not be happy if either one does that without the other's agreement.

So while a woman could leave the house with nothing, she is legally entitled to money from the marriage to live. After papers are filed, you can, depending on where you live, get a court date for a preliminary hearing (to establish spousal support) within two to six weeks. Also, it is better to stay in the house (possession and all) and file. It is better to be on the offensive than the defensive.

All of these things vary by state so it is just about impossible to give any advice that applies to a person without knowing the full situation.

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RE: Question about US divorce law - 2/11/2011 6:23:14 PM

MercTech

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the divorce laws are actually very divergent between the states.

The standards of determining community property and what maintenance should be required are quite different in different jurisdictions.

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RE: Question about US divorce law - 2/11/2011 6:53:48 PM

TheHeretic

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The most important thing to know is this; divorce lawyers are always going to be cheaper than defense lawyers.

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RE: Question about US divorce law - 2/11/2011 7:01:40 PM

Phoenixpower

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quote:

ORIGINAL: TheHeretic

The most important thing to know is this; divorce lawyers are always going to be cheaper than defense lawyers.

And sometimes when you move you will lose out financially if the partner is richer....such as in this link where a guy lured his wife to scotland where divorce was cheaper for him than in in england

http://www.global-report.com/vikijournal/a151684-my-husband-lured-me-to-scotland-knowing-that-divorce-is-cheaper-there

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RE: Question about US divorce law - 2/11/2011 8:47:42 PM

windchymes

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Just a little tidbit that I got from someone in the banking industry.....

When opening a "joint" account, it's all in the wording. If the account holders are listed as "John Q. AND Mary B.", then an account can't be closed and large amounts of money can't be withdrawn unless both parties sign for it. If they're listed as "John Q. OR Mary B." then either party can wipe out and/or close a joint account.

Things could have changed since I was told that awhile ago, or it could vary by state. I just thought I'd throw it out there.

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RE: Question about US divorce law - 2/11/2011 11:25:24 PM

Jaybeee

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quote:

ORIGINAL: CalifChick
So while a woman could leave the house with nothing, she is legally entitled to money from the marriage to live. After papers are filed, you can, depending on where you live, get a court date for a preliminary hearing (to establish spousal support) within two to six weeks. Also, it is better to stay in the house (possession and all) and file. It is better to be on the offensive than the defensive.

All of these things vary by state so it is just about impossible to give any advice that applies to a person without knowing the full situation.

Right - State = Louisiana. Will advise her to stay put during filing.

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RE: Question about US divorce law - 2/12/2011 4:19:16 AM

areallivehuman

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Also, you do not have to be living apart to file for divorce. Being separated for a year(in NY) can be considered grounds to grant a divorce, but there are other grounds, too.

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