About S. Kessler Expertise I'm not a lawyer, I can't answer any real legal questions, long, involved or very detailed questions. Rather I only what I know about divorce by experience and going through a divorce. I'm familiar with the divorce process and some prodedures. I can answer most any questions about divorce. Whether you would like advice about divorce, what to expect, any problems you are having with a divorce, etc. I have been divorced, a single mother, and I`m remarried. I know what it is like to have to go through a divorce and be a single parent at the same time. So if you just want support or if you have a question about divorce please feel free to ask. I also, come from a family that divorced when I was young my parents divorced and my mom remarried. I`m here to help you try and get the answers to what you are seeking about divorce. Please feel free to send any and all of your divorce dilemma`s to me.
Experience I can also give you links on divorce to help you with the divorce process. And just advice in general on divorce. I can't answer detailed questions on specific divorce laws, b/c they vary greatly from state to state. I will do my best to answer any questions I receive.
Expert: S. Kessler Date: 5/14/2008 Subject: divorse
Question I am thinking of a divorce with husband. We have 2 children, and 2 dogs and I have a growing grooming business I have in our home.
If we get divorced Tom says we will have to sell the house. Or I will have to pay him 1/2 of what the house is worth. He then says a divorce will break both of us, I will live in poverty with the kids. Is there any way I could get the house with, the low monthly payments we are paying now? I would hopefully be able to pay the payments then, but the high house taxes might hurt me a lot. Some one told me I could ask for no allomony and no social security from him, and just have him instead give me his half of the house. Does that sound like it would be a possible thing to do. Do you have any more ideas for me.
Answer Hi Karen~
It sounds like he's trying to guilt trip you into not filing for a divorce. So he's going to tell you and try to convince you otherwise. Everyone is affected by a divorce, the spouses, the children, etc. It can be devastating financially, mentally and emotionally. At any rate a few things can happen in a divorce situation. Which means the following could happen.
A) You keep the home b/c you have the children (if you get custody of them) and judges don't like to up-root the children from their normal/comfortable surroundings, school, etc. And you'd have to buy out his portion/half of the home.
B) He gives you the home, and you don't ask for alimony, etc.
C) The judge orders you to both sell the home and split the profits equally (which would be a last resort I'd say).
D) He gets the home and has to buy out your half of the marital home.
If A and D happen one of you would have to refinance the home and take it out of one of your names, to get a lower payment, not be responsible for the home (say if one defaults on the loan payment and it goes into foreclosure, if both names are on the mortgage/deed then you're both responsible for payments owed on the home).
That's why it's necessary and dire to get it out of the other's name for your own protection or you risk financial ruin, say if he refuses to pay a payment or contribute his half of the home to you, even if there is a court order in place, he can still not pay you the money you were granted through the courts. That would be the worst case scenario, and you'd have to take him back to court for violation of a court order and a judge can find him in contempt of court. Did you get all of that, b/c I know that can certainly be confusing to a person?
The point here is that it's much simpler and cost effective if he'll agree with you can come up with some sort of compromise. If he fights you and contests the divorce then that's when it'll become more expensive and it'll just prolong the divorce process. And this is where divorces often become long, drawn out and very ugly in the end.
