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scout man
January 9th, 2013, 11:10 PM
Unfortunately my wife left me a little bit ago, and up until now it appeared as though a no-contest divorce was going to work out, but it seems that is no longer the case. If anyone has a recommendation of a good lawyer, or a bad lawyer to stay away from, I would appreaciate it. Thanks.

The StRanger
January 9th, 2013, 11:19 PM
Very sad to hear. Or happy for ya..
Ether way, my last divorce was in like the late 70s

scout man
January 9th, 2013, 11:23 PM
no, this was her choice, not mine. And now she is suddenly deciding to make it more difficult. (I am sure a lawyer or friend told her she was being too nice)

The StRanger
January 9th, 2013, 11:25 PM
Any kids ?

scout man
January 9th, 2013, 11:27 PM
Fortunately not. In fact, that was part of the problem, was she suddenly decided she never wanted to have them, even though she knew all along that I did. But fortunately for this part of it that isnt something we have to deal with.

The StRanger
January 9th, 2013, 11:31 PM
With no kids it should be simple
Ya, Sounds like time to have someone on youre side
Good luck. Wish I had help for ya.

scout man
January 9th, 2013, 11:40 PM
yea, really what it come down to is she walked away from the house an everything and said she didnt want it, now she decides she wants half the equity in the house. We have only been here about 2 years, but we got a steal on the house, so I fear there is far more equity than I could afford to pay her, and I have absolutely no intention of moving.

AccordRanger
January 10th, 2013, 05:44 AM
Sorry to hear Steve. I hope everything works out for you.

Hypoid
January 10th, 2013, 05:53 AM
Bummer for sure! A judge can order joint property sold and split down the middle. The court won't horse around with a he-said, she-said.

It has been nearly 15 years, but David Piper represented me. He was one of the attorneys at Beck and Cassinis (sp).

Good luck!

Brad
January 10th, 2013, 06:19 AM
Sorry to hear Steve, I wish I knew a lawyer to recommend. I truly hope you keep your house.

Rick
January 10th, 2013, 07:09 AM
buy her out. offer some cash and see if she leaves.

scout man
January 10th, 2013, 08:40 AM
thats what I am thinking, but I need to talk to a lawyer about it. I know a judge could order me to sell the place and that is exactly what needs to not happen. I dont want to move, have too much stuff to move, and with my self employment trying to buy another house is extremely challenging. Mike, did you feel they were a good firm?

Chris
January 10th, 2013, 09:06 AM
yea, really what it come down to is she walked away from the house an everything and said she didnt want it, now she decides she wants half the equity in the house. We have only been here about 2 years, but we got a steal on the house, so I fear there is far more equity than I could afford to pay her, and I have absolutely no intention of moving.

She abandoned you, the house and your marriage so shouldn't be entitled to anything. Unfortunately getting a judge to see it that way costs more than the equity you have. I'll PM a lawyer my SIL used when I dig up her name. You really want to settle w/o lawyers Steve.

scout man
January 10th, 2013, 09:59 AM
thanks Chris. I appreciate the recommendation, as well as the truth there. I have been thinking its better without lawyers too, and everyone told me I was foolish to consider that. I think you are right though, if I can get her to settle without lawyers its probably going to be far far cheaper. Would still appreciate the lawyer name when you dig it up though.

Patrolman
January 10th, 2013, 10:13 AM
Sorry to hear Steve. As everyone else has stated, the only people who are going to win here are the lawyers. Better to try to keep them out of the process so you both come out ahead, but if push comes to shove, then you have no choice. Sorry I can't make a recommendation.

Jackie
January 10th, 2013, 10:42 AM
Sorry to hear, Steve. One of my sisters walked out on her husband and 2 kids after a "heated dispute" and when it came down to divorce, he got everything including full custody of the kids and she had to pay support because she left. Although she never intended to leave her kids - that's the way it worked out. Your wife may not have intended to leave her financial investment in the house, but... maybe she did (???) Wish I could offer a good resource, but I can't. Good luck in getting things settled and moving on.

scout man
January 10th, 2013, 10:59 AM
interesting. Was that in Colorado? I know thats one thing could be at my dissadvantage is that colorado is a no fault state, which means they dont really care that she walked out on me. I could be wrong though.

xaza
January 10th, 2013, 11:40 AM
Yeah CO is a no fault state. It also is a state that when dealing with children they fight for fathers rights too. Lawyers will drag the proceedings longer and run up the tab, they did on me in 2002-3. If the judge orders things to be sold and split you could always hire someone(forget what they are called) to make the offer on the house. Your name does not need to be revealed until paper signing. Good luck with things, sounds like you are better off.

Chris
January 10th, 2013, 11:53 AM
PM sent Steve.

I was involved with "Fathers' Rights" when I lived in MN and it sounds like Jackie's sister's ex was among the successes men gained in the state. Also the basis for my comment about Steve being "abandoned."

96blkbeauty
January 10th, 2013, 12:01 PM
No advice here...i've never gone through something like this.

Just wanted to wish ya the best. Hope you come out ahead.

Patrolman
January 10th, 2013, 12:06 PM
Steve,

I started to think more about this. If there are other assets, then they get split as well. If her car is paid off, she should have to give you 1/2 the value. Same for the Scout of course. Since the truck has a loan, not near as big an issue. A biggie is retirement accounts. If she has an account, you can receive 1/2 the value of that as well. Downfall is that she gets 1/2 of your account value. All this needs to be considered. I am far from an expert, but there may be more assets than you have thought about.

scout man
January 10th, 2013, 12:20 PM
hadnt thought about the retirement accounts. I do not have one, but she does. The only vehicle titled in both of our names is her jeep, which also works in my favor. (when I bought my truck I saw this coming and didnt put her name on it)

Patrolman
January 10th, 2013, 12:35 PM
I don't believe it matters who has their name on it. What you own is hers, what she owns is yours, for good or bad.

Dirt Claude
January 10th, 2013, 01:08 PM
Sorry you have to go through this Steve, I've never been down this road so I don't have much to offer. If there's anything else I can help with, keep me in mind as I'm not that far from you.

Jackie
January 10th, 2013, 01:49 PM
Was that in Colorado?

No. It happened in Minnesota. He also got to keep several family heirlooms which he refused to back to her.

scout man
January 10th, 2013, 01:51 PM
Sorry you have to go through this Steve, I've never been down this road so I don't have much to offer. If there's anything else I can help with, keep me in mind as I'm not that far from you.

Dude, you are close to me! If I had noticed that I would have run your tranny jack back to you a long time ago! Would you like it? Ill even bring it by tonight if you want!

Hypoid
January 10th, 2013, 05:02 PM
You need an Attorney to keep you from making mistakes. You don't need to act like you are going to war, you need someone who knows Colorado Statutes well enough to keep you from getting in over your head. The words "fair" and "legal" are not synonymous.

My pops used that law firm in all his financial/real estate dealings. When I needed help, I benefitted from that relationship. My attorney explained how my sense of fairness could cost more than our joint property was worth. If we were face to face, I'd tell you stories to curl your hair. The WWW-dot doesn't need to know my personal history.

BLOODBANE
January 10th, 2013, 07:35 PM
If your still needing someone, I just got primary custody of my kids. I had a 6 month ordeal, where a CFI (Certified Family Investigator) do a study, to see who the kids would be better with. My attorney were in the Springs, Gasper Law offices. You will have to put a deposit down, but if you run over that, you only pay 10% of the total bill for repayment (I owe 1450 so my repayment is only 145.00). Someone turned me in for sexual misconduct with my daughter last November (2011) (we have a good idea who this was as the school and counselors didn't do it)and they helped prove my innocence in that one as well (some serious stuff there).
Anyway if you want their number is 719-227-7779. My attorney was Emma Adams, but she was very pregnant when we went to court, so she might be out on maternity leave. I have some other things coming up where I have to go after Gunnison County for not stepping up for what they said they would cover for my kids (adopted) so I will use them again.
Hope it all works out for you. It will of course, good, bad or indifferent. Just sucks trying to get along with someone who wants to fight.

scout man
January 10th, 2013, 07:52 PM
great! thanks for the recommendation!

Rob
January 10th, 2013, 09:38 PM
What you own is hers, what she owns is yours, for good or bad.

That's true for anything acquired during the marriage. Anything you owned beforehand is considered separate property (unless it increased in value during the marriage; then the increase in value is considered marital property).

Mike's advice is good about having a lawyer to avoid making mistakes or missing something. However, the more you can agree on before the papers are drawn up, the better off everyone will be (except the lawyers). My first wife and I came up with an equitable plan beforehand, then got the lawyers involved.

Good luck, Steve.

scout man
January 10th, 2013, 09:55 PM
yea, we are getting together again sunday to see if we can agree on the details. There will likely be a lawyer involved for the filing part, but I would like to get the details figured out on our own.

Jackie
January 10th, 2013, 10:35 PM
That's the best idea. If you can talk things through rationally, you'll both come out better off. Let the lawyers earn their keep elsewhere. I have no experience, so maybe I'm wrong in even guessing this... but maybe you could have the papers drawn up by a paralegal if you both agree (???) I have no clue...

scout man
January 10th, 2013, 10:51 PM
one route is something such as LegalZoom as an option to file. Costs like $300 and is supposed to be alright, but I have also heard plenty of people say its worth the few extra dollars to have an actual lawyer do it simply to limit mistakes.

RockyMtnHigh
January 10th, 2013, 11:13 PM
While I haven't been through this, I agree, be nice and try to work this out without the court/attorneys as much as possible, but keep your guard up also.

She's had some influence to go down this road, whether it was her doing or someone outside, she is seeing a monetary gain in it, otherwise she wouldn't be doing it. People, even close relatives do sh!t they wouldn't normally do when money is involved, the more money, the more they are willing to go over the line.

That being said, if she plays that card make sure she understands half her sh!t is up for grabs also, it may not be worth it to her after she re-thinks having to go out and buy a new vehicle with half the money of the old one and half her retirement gone on top of it and anything else she has of value.

Be nice, until it's time not to be nice! ~ Patrick Swayze :D

scout man
January 10th, 2013, 11:26 PM
more good advice, thank you!

Cr33p3r
January 11th, 2013, 05:52 AM
Steve I am really sorry to hear about this for you two. If there is in anyway to give it time to work things out go that route, the courts today will give you a stay of orders which means time to try and work it out basically! You have to go through a time period to see if it will be resolved or not and it takes around 13 months to 24 months for the divorce to go through all the steps. I have been down this road twice and with Colorado any property or vehicles owned does NOT matter who's name is on it, it is up for grabs by either person and it does not matter if a vehicle is financed either(lesson learned the hard way)! Anything you two can work out for an agreement makes sure it is typed up and notarized then it can be used as a semi legal form depending on the judge and county.

One important thing to think about if you have any tools or items that belong to other folks give it back to them now because even tho the law states it is other peoples property and nothing can be done with it by either party as to claiming it, it can disappear if she gets nasty and then there is nothing you really can do to get it back (another lesson learned).

Anyway I hope you two can get it turned around! But if not seek out a good female attorney as a lot of them will fight harder for your rights than most males and Colorado has astigmatism that males fighting for males is brow beating the female populous. Good luck buddy!

Popsgarage
January 11th, 2013, 10:47 PM
Dave DiGiacomo handled both mine and my friends and did an amazing job.

Cr33p3r
January 12th, 2013, 05:14 AM
Steve I did forget to mention that for my last divorce it cost a little over 12k for me and almost 18k for her grandmother to pay for her's. Another thing to keep in mind about the attorney costs is that both parties can ask it be paid for by the other party (if you become laid off something to thing about) meaning show your work track record and the court most likely won't consider you paying her costs.

MelloYello
January 13th, 2013, 11:38 PM
Sorry to hear it Steve. Hang in there.

glacierpaul
January 14th, 2013, 07:59 AM
Damnit! Sorry to hear Steve! Richard Harris Family Law is on Tom Martino's referal list. X2 on coming up with your own decisions first together.