AboutJames Robinson Expertise I was a family law attorney for 25+ years. I have been divorced twice myself. One was friendly. The other wasn`t. Let me know how I can help.
Experience I have been divorced twice myself. One was friendly. The other wasn't. I was a family law attorney for 25+ years.
Question Hi. I live in Missouri. In Oct. 2007 I found out that my husband was having yet another relationship with a woman behind my back. He's done it over and over for 15 years, and I always believe the "it won't happen again" promises. He moved out on the night of Oct. 15. After 3 months of me begging him to come home and work it out with me and him refusing, I filed for divorce in Jan. 2008. Due to the infidelities in the past, I have a postnuptual paper signed by him stating that if I ever divorced him because of future infidelities (which this is), that I would get our home (which I owned before I married him anyway - but we did add on it to and still have a $31,000 mortgage due to the add on). Also, several years later, we purchased a commercial building together, putting $12,000 down and made payments for 4 years. At the end of 4 years, he signed a quit-claim relinquishing the building to me so that my parents would finish paying it off for us. They wanted to do that for ME, but wouldn't do it if he didn't sign the quit claim, knowing his past indiscretions. So he signed the quit claim, and all was well until now. In the meantime, we started from scratch a fitness center (spent about $30,000) in equipment and rented a building - the business is still up and running) and we bought 5 residential rental units. We had some credit card debts that I used our savings to pay off recently. We have only about $7000 in cash to our names. He moved 2 hours away a few months ago, and since he moved out of our home in Oct. has not helped run any of these businesses. He also stopped helping me with bills and didn't offer maintenance of any amount after the first 2 or 3 months of leaving me. He took our pickup, our motorcycle, and all of the equipment relating to our karaoke business (not mentioned previously).
Summary: We own:
karaoke business - equipment worth maybe $5000 - $8000 ?
Home: (mine premaritally and postnuptually - mortgage $31,000)
Comm. building ($12000 down, 4 yrs. of payments and quit claimed to me with payoff by my parents as part of my inheritance)
Fitness center: Marital property, but he left and has not tended to this business for 9 months. It will be paid off in Dec. 2008. Business worth? Used equipment originally purchased and now 3-1/2 years older. Might be worth $25,000 up and running.
Rental properties: Paid $74,500, made 1 year of payments. Again, he left and has not helped maintain or run these rentals.
1999 Dodge Caravan - pd. off. My possession.
199? pickup - pd off. His possession.
Honda Shadow 1100, still owe $2400 on credit card - his possession.
Obviously we have a household full of furniture, etc., but no outstanding debts.
He's asking for a $50,000 settlement!!! I didn't want him to leave, he left me in a puddle of tears with all these businesses to run, no substantial income (I worked the businesses as my contribution, but didn't have a full time job otherwise.), and he want ME to pay him! My attorney isn't being much help, and I'm scared. I feel like he had a right to LEAVE, but has no right to ask ME to pay HIM for what he's done. What are my rights and what can I expect to happen in court? What would be a reasonable offer to expect him to accept. I'd rather settle OUT of court if at all possible, but don't feel I should have to be in debt for years because HE decided to leave. Can you help me? Thanks.
Connie
Answer Dear Connie
First of all, I would get an attorney who you have some confidence in. I can't tell you what to do, although you have to weigh how much you would have to pay a competent attorney to handle all of these things. If you are going to get all of the marital assets, I would offer him $25,000 because that is probably what you would have to pay an attorney to handle your case. He might take it or come back with a lower counter offer.
