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 What if he doesn't want a divorce
 
 6/26/2007 1:51:19 AM
masteratarms
4 posts


What if he doesn't want a divorce
QuoteReply

I'm overseas and I want a divorce. It has been pending for at least 2 years and now I finally made the decision to do it. He does not want one in any way, shape, or form.

Questions

Assets: The house is in my name alone and so are the vehicles do they have to be sold because WA is a community property state? He signed over his interest in the home to me when I bought it and the vehicles he has no drivers license would that come into play?

Children: We have no kids together, I have 2 kids frm a previous marriage I have custody of will that in anyway be a factor? (I am overseas and he is taking care of them no legal paperwork involved)

For a contested divorce how bad can this go, worse case scenario including expenses?

 6/26/2007 2:05:09 AM
masteratarms
4 posts


forgot to mention...
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I forgot to mention I am a military member on active duty.
 6/28/2007 12:20:51 AM
admin
91 posts


Re: What if he doesn't want a divorce
QuoteReply

Assets: no they do not necessarily have to be sold. his driver's license is not of great importance because the court looks to values contained in assets as opposed to the nature of the property involved. signing on the quit claim can be an indicia of consent to make a community property asset (or a potential com. prop asset) separate property in some circumstances. 

if you have been living separate for 2 years it may appear to the court that the two of you have reached the financial result you both were looking for. however, one strong word of CAUTION there are many more factors involved such as the total length of the marriage, his education and work history during the marriage and yours.  read the section and article on spousal maintenance or alimony in washington state located on my site here.  also read the essay that is attached to the link for an even greater discussion. if your marriage is less than five years you probably will be ok.

important questions: did he make payments on the home while you were married? help you with vehicles? 

if you are not recieving child support for those kids the court will look sympathetically at this in terms of your need for financial cushioning so to speak.

i could probably do your case for $1200-1900 depending on what happens, hard to say. i can also do it while you are stationed overseas if he is living here.  i assume he is still here.


This is a legal DISCUSSION board, legal discussion IS NOT legal advice. No liability whatsoever will be taken for actions based on the discussion found herein. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED THROUGH POSTING OR REPLYING ON THIS BOARD. To hire an attorney you can go to Seattle Divorce Attorney - Washington Divorce Lawyer
 6/28/2007 12:22:00 AM
admin
91 posts


Re: What if he doesn't want a divorce
QuoteReply

one of you has to show up for a court hearing.  sometimes an order is granted allowing you to testify by phone, but that will cost extra.


This is a legal DISCUSSION board, legal discussion IS NOT legal advice. No liability whatsoever will be taken for actions based on the discussion found herein. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED THROUGH POSTING OR REPLYING ON THIS BOARD. To hire an attorney you can go to Seattle Divorce Attorney - Washington Divorce Lawyer
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