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I am an regular visitor to this website, but since my wife also knows about this site I don't want to use my regular screen name.

Here is my question. My marriage has gone down the toilet. We are currently seperated and trying to work it out. Which I hope we do. But just in case we can't I want to protect my toys. I don't give a shlt about the house or any of the stuff in it. But I am afraid that if we end up getting a divorce that she will try to take my banshee, truck, and trailer. These three things and my tools are about the only material possesions that I care about. I have a really good friend that I trust with my life that says I can sell these things to him really cheap ;) to protect them. Of course he will sell these back to me once all of the dust settles. Is this legal? Can I get away with this?

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Well I recon you could, but if it came down to it your wife would be entitled to half the worth of those times. They may find out that you are doing just this and even bring your friend into the mess. Divorces can get pretty nasty, really depends on her, her lawyer and how bad they want to screw you. I don't know all the details of course, but it's a hellofa lot better to come to an agreement on thing, put it in writing and skip all the lawyer bs. Though she may not be willing and that would suck. Good luck. Any kids? Stay together if at all possible when kids are involved, just my opinion.

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Any kids? Stay together if at all possible when kids are involved, just my opinion.

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Brad not tryin to be mean....but sometimes that just makes it harder on the kids in the long run....my parents are gettin divorced right now---my mom tried to stay with him for us and all the fighting and stuff that we had to put up with...i would've rather them been separated---it's a crappy deal that a lot of people have to deal with

 

ANONYMOUS the only thing that i know about that is in the divorce papers it states that you are not allowed to sale any property until the divorce is final so they can determine who gets what---but i dont know about prior to a divorce--if your name is the only one on there i would see why you couldnt say you had to sale it to pay for your divorce :confused: then once its final you were able to buy it back...i dunno...just my opinion

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My parents divorced right after I bought my banshee... and I was lucky enough that It was an agreement on their behalf on who got what, and of me and my sister, whatever was ours, or was purchased by them for us, remained with us.

 

I do know for a fact that if there's anything that is in both of your names... you can't sell it without consent from her. If your toys are in your name, then by law, when the divorce is final, she's intitled to half.... but as far as I know, if your the sole owner on the paper's and sell it before the divorce is final, then technical she gets half of the money, but nothing says you can't buy it back from the friend afterwards. I could be wrong.

 

Definitely try to work it out. Reason being if she suspects your trying to do something behind her back, then she could definitely screw you out of anything she could. Also remember if things go sour... you can fight for property just as easily as her. Since you are intitled to half of everything as well, and since you only want the three items mentioned, it should be pretty easy to come to a lawful agreement with a lawyer on what you actually get as your 50% (banshee, trailer, and truck).

 

If you do have kids... don't listen to people who say stay together for the kids. If the couple fights all the time while they're still together, the kids will know it, and it'll be just as hard, if not harder on them than a divorce. Pretty soon kids begin to state disliking one of the parents more when the parents try to stay together for the kids, then there's more problems. Just be as big of a part of the kids lives as you can from outside the household.

 

However it goes, good luck with everything.

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I am an regular visitor to this website, but since my wife also knows about this site I don't want to use my regular screen name.

Here is my question.  My marriage has gone down the toilet.  We are currently seperated and trying to work it out.  Which I hope we do.  But just in case we can't I want to protect my toys.  I don't give a shlt about the house or any of the stuff in it.  But I am afraid that if we end up getting a divorce that she will try to take my banshee, truck, and trailer.  These three things and my tools are about the only material possesions that I care about.  I have a really good friend that I trust with my life that says I can sell these things to him really cheap ;)  to protect them.  Of course he will sell these back to me once all of the dust settles.  Is this legal?  Can I get away with this?

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First off good idea on changing your name. Whether or not she knows its you, its all speculation if this post some how enters into the hands of someones slick assed attorney.

I'm not a lawyer, but I've been on the brink, and we were able to work our problems out, but not without going through a ton of shit first. AND I have 2 sisters both of which have been divorced, and I have friends that have been divorced. This is just kind of a culmination of what I would think of doing if I were in your shoes.

 

First thing I would do, is evaluate everything you have, that you intend on keeping. If there is something that you happen to have bought with your own money, i.e. not with a check or cash from a joint account, it is yours. You'll need proof of this, so a cancelled check or cashiers check or credit card statement would come in handy. Also it might help if you can prove she has no interest in it cash, or personal.

 

If you do sell anything to a friend, be prepared to split that cash with your ex wife. If she has filed, and then you sell something after the fact, that will be brought up, and you might be liable to split any earnings from the sale(s)

 

Also, if you sell it to a buddy, you might want to think about selling if for more than a dollar unless you can prove its a steaming hunk of shit. NADA tracks the value of atv's and trailers. She would be able to prove it was worth more than what you sold it for. Might get you in a heap of shit.

 

If neither of you have filed, then by all means, I would sell sell sell! Make sure you trust the person you are selling to, and be sure to get a bill of sale for your buddy, and a receipt. Also, it might help to deposit the cash and keep the receipt from the bank to prove you in fact sold it, fairly, and deposited the money. You'd probably rather get in trouble over $200.00 than $4800.00 KEEP RECORDS OF ALL TRANSACTIONS.

 

I would also write a list of everything you own, that you want, and value it fairly. The pearl necklace you got her for her birthday might offset a part of your banshee or trailer if the money came from a joint account. If she wants the ceramic knick knacks, be sure to value them and write it down. Its supposed to be a 50/50 split unless one of you was a feeloader or something and basicaly did nothing to contribute to the relationship.

 

It might also be a good idea to use the money you make as leverage. If you don't make enough to pay alimony that would be nice. You don't want to end up in a poor house, so you might just need to keep your banshee and trailer incase you need to sell it later to pay your rent. wink wink.

 

Divorces are a son of a bitch, but you got to remember, its you AGAINST her now. Don't be an asshole as that can back fire, but do not under an circumstances take any shit. Thats not part of the agreement. If she plays dirty, find a way to expose it, don't just play dirty back.

My oldest sisters husband tried to do this. He would say she stole something from the house, but it was something that they never even had. In the end the judge told him he was going to hold him in contempt if he kept falsifying testamony by saying she did something she did not, or if he kept claiming something they never even bought. He could never provide proof of one single thing he said my sister took. It amounted to nearly $5000.00 that he claimed. The judge was no impressed.

 

If you do end up in court, do not show emotion. Judges don't care about emotion, they care about facts. I know a judge, and I've heard it from him first hand, and seen it first hand in his court. Emotion will get you no where and get you nothing except a fine and or jail time. Don't refer to her as a bitch, whore, slut, etc.... refer to her with her first name in a respectful manner. Above all, just remain in control, and remember you are there to state facts, not how you feel.

 

Think things through, and use your head. If something don't sound right, or she uses the phrase "My attorney says....." question it.

Good luck.

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My girlfriend's ex tried that, and it did'nt work. Since he sold his stuff less than a year before he filed, He still had to give her 1/2 of the value. Anything acuired during the marriage has to be split up.

My advice, is BE HONEST. Most judges can tell if you're lying, and if you get caught in a lie, it really affects the judge's final decision on who gets what.

Would she really try to take that stuff from you? Does she want your banshee or even ride?

Hopefully you can work things out with her, though. Good luck

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Dude,

I have been divorced as well...Pretty simple...Get yourself the absolute best cut-throat attorney and fight until she can't afford to fight any longer...It seems expensive now but in the grand scheme of things it will pay for itself later. Nobody ever wins in a Divorce IMO, but why get fucked when you can do the fucking. If she becomes amicable and reasonable take advantage of that and kick her while she is down as well...The thing is that if she was nasty at any point and time you can't trust what she has planned. The SYSTEM is on her side, so you need to protect your own interests....Kids or no kids...THats just the way it is...

 

Anyone who thinks I am an asshole for the said above...Guys don't exactly have an advantage in Family court, so you have to play HARDBALL...Women have everyone and everything on their fucken side...When I hear of a Man beating the odds in Famliy court it gives me WOOD...Its not that I hate women...I hate the system that enable women to ruin mens lives...

 

GOOD LUCK...

 

 

Brad

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Abyss, dude sorry to hear it, but I'm going through the exact same shit here, so hopefully this thread will help us both out...

 

At this point the best advice I can give you is take your time, think things through, and watch your back.

 

I was the same way when I told her I wanted out; all I cared about was getting 50/50 custody of my son, and my Banshee. She could take everything, the house, land, truck, minivan, everygoddamnthing, I didn't give a fuck. As others have mentioned it's an emotional thing, so taking a little time to think it out will be alot better...

 

Unfortunately, my luck being able to sort things out with her rationally has been about 50% at best. It takes some time man, mine started off all hurt, then went through the spiteful bitch stage, and eventually realized we gotta work something out one way or another. Depending on the day she'll still be mean about it or talk like a normal person, flip a coin I guess.

 

So far I think giving it some time has helped, like I said we've been able to talk about it a few times and worked out most of the details. I can see how a (good) lawyer would have helped when we were both so pissed off that we couldn't look each other in the face, but in the end I think it would have cost out the ass, had a more negative affect on our son, and probably wouldn't have had any benefit to either one of us.

 

Anyway, like I said I was in the same position, I was ready to bail with just my Banshee, but at this point I'll be alot better off than if I had jumped the gun. In our case, her half of our shit she wants will leave me with alot better than just giving in to get out of it, ya know? I'll keep the house so I won't hafta spend more on rent somewhere else (mortgage is less than a decent apartment would be), my Banshee, and splitting the furniture & shit equally will make it easier for both of us so we don't hafta start from scratch. Of course I don't know for sure if that will work in your case but ya might rough it out and see where you stand...

 

Oh and as far as the original question, I don't know for sure if you'd get away with it or not, I think you'd be taking your chances either way. Good luck man, keep us posted, and don't give up!!

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