FORUMS
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| 09-01-2011, 10:27 AM | #111 | |
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WTF are you looking at?
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Whoever I end up marrying will be signing a pre-nup. Their life will be great and if we were to get a divorce they would be well taken care of. Pre-nups have this bad rep that make women think we are trying to cheat on them during our marriage and leave them with nothing. When in actuality a pre-nup simply maps out what would happen in the event of a divorce. It is like not making a will because no body wants to think about dying.
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 "It is better to be hated for what you are than loved for what you are not." -André Gide |
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| 09-01-2011, 10:33 AM | #112 | |
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Lieutenant
 
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I'm just saying just bringing it up puts a hell of a look on their faces and you may end up not being in a relationship after. 
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The journey is the reward.
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| 09-01-2011, 10:35 AM | #113 | |
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Lieutenant
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I really don't think that she is having an affair. She also doesn't have guts to get physical with me. Our house is almost paid off. It is going to be 50/50 and there is nothing I can do about it. Her car (2009 Accord) is on her name and paid off. My cars (2008 335i e93 and 2006 Explorer) are paid off. No other depth. I have my checking account, she has hers. Our pay checks go to our own accounts. Other than that, her assets (cache + 401K) are more than my assets (cache + 401K) that are not hidden. I am not sure making her life miserable would help me at all since I probably paying for my lawyer and her lawyer (she is legally entitled to demand that I would pay for her lawyer since she can not afford) At this point my only hope is she would accept my offer without talking to a lawyer : 2000K a month forever, or $100,000-150,000 one time cache payment). But I still have to give her child support. There is no way to get around it. If she turns down my offer, I can only hope that she remarries soon after the divorce. |
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| 09-01-2011, 10:36 AM | #114 | |
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Colonel
 Drives: 328i, 335i, M3, 535i, X5, 36M Join Date: Oct 2010
Location: OC
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Garage List 2012 328i E92 [5.00]
2013 X5 [0.00] 2013 335i F30 [0.00] 1990 Toyota Previa [0.00] 1997 E36 M3 [5.00] 2011 E92 M3 [0.00] 2011 535i [0.00] |
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| 09-01-2011, 10:40 AM | #115 |
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Lieutenant
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PM me her number.
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| 09-01-2011, 10:53 AM | #116 | |
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Private
 
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Can't all of this be fixed by not signing the divorce papers. How can you be drug to divorce court if you "do not" want a divorce and won't sign the dotted line? |
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| 09-01-2011, 10:54 AM | #117 |
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Major
 
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This is such BS...adult support. She isn't retarded- let her support herself. The only thing I could understand is splitting up assets including retirement assets, but not paying her money you're making. What ever happened to equal rights?
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| 09-01-2011, 10:58 AM | #119 | |
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Lieutenant
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__________________
The journey is the reward.
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| 09-01-2011, 11:00 AM | #120 | |
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Colonel
Drives: 328i, 335i, M3, 535i, X5, 36M Join Date: Oct 2010
Location: OC
Posts: 2,369
iTrader: (3)
Garage List 2012 328i E92 [5.00]
2013 X5 [0.00] 2013 335i F30 [0.00] 1990 Toyota Previa [0.00] 1997 E36 M3 [5.00] 2011 E92 M3 [0.00] 2011 535i [0.00] |
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| 09-01-2011, 11:03 AM | #121 | |
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Captain
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__________________
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| 09-01-2011, 11:10 AM | #122 | |
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Private
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| 09-01-2011, 11:50 AM | #124 | |
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Lieutenant
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Best of luck bro. I'm only 23, but this thread has allowed me to stop for a moment and think things through. |
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| 09-01-2011, 12:04 PM | #125 | |
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Banned
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| 09-01-2011, 12:23 PM | #126 | |
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Captain
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Most well written one say the women will get certain thing as long as she keeps her mouth shut and never cheated during the marriage. This is when it get nasty since the women then tries to get the pre-nup tossed since she did not keep her side of the deal. |
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| 09-01-2011, 12:29 PM | #127 |
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Lieutenant
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This is what my lawyer said to me:
"Don't try to make sence of the laws, just accept them. They are what they are, you can't change them. Othewise you would either go insane or do something stupid which would ruin your life." And he is rigth. All these things mention in this thread don't make any sence but that is the reality Last edited by mylydiamy; 09-01-2011 at 01:01 PM. |
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| 09-01-2011, 12:33 PM | #128 | |
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Second Lieutenant
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The relevant New Jersey Court Rule appears to be 5:3-5(c): (c) Award of Attorney Fees. Subject to the provisions of R. 4:42-9(b), (c), and (d), the court in its discretion may make an allowance, both pendente lite and on final determination, to be paid by any party to the action, including, if deemed to be just, any party successful in the action, on any claim for divorce, nullity, support, alimony, custody, parenting time, equitable distribution, separate maintenance, enforcement of interspousal agreements relating to family type matters and claims relating to family type matters in actions between unmarried persons. A pendente lite allowance may include a fee based on an evaluation of prospective services likely to be performed and the respective financial circumstances of the parties. The court may also, on good cause shown, direct the parties to sell, mortgage, or otherwise encumber or pledge marital assets to the extent the court deems necessary to permit both parties to fund the litigation. In determining the amount of the fee award, the court should consider, in addition to the information required to be submitted pursuant to R. 4:42-9, the following factors: (1) the financial circumstances of the parties; (2) the ability of the parties to pay their own fees or to contribute to the fees of the other party; (3) the reasonableness and good faith of the positions advanced by the parties both during and prior to trial; (4) the extent of the fees incurred by both parties; (5) any fees previously awarded; (6) the amount of fees previously paid to counsel by each party; (7) the results obtained: (8) the degree to which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. Here is a link to a 2011 case where the New Jersey Appellate Division denied a guy's appeal from a trial court order requiring him to pay $125k in legal fees.
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| 09-01-2011, 01:06 PM | #129 | |
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Captain
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In really if you can do it without lawyers both parties will be much better off. Lawyers have no vested interested other than getting a pay check. They could care less if either parties get what they want, they actually like it when both side can not agree then the lawyer gets more billable hours trying to get some agreement. And when they do agree i seen where they tell their clients they should not agree. A friend of mine wanted to settle his divorce without lawyers, they were only married 2 or 3 yrs at the time, he had started a business a few years prior to getting married so it was debt ridden still. She quit he job to work for the business. So he told her he would continue paying on her car and insurance and would pay her so much a month until she found her own place and got back on her feet with a job. Well the wife listen to her sister and got lawyer since the sister told her she deserved a lot more. Well the lawyer ended up dragging it out for almost a yr and in the end the Judge award the wife nothings since the business was in the hole and she was not willing to assume half the debt and because the lawyer racked up billable hours in excess of $10K and the wife was able to work the judge said she deserved nothings since he did not bring anything to the marriage and quit her job on her own. My friend felt bad for her and told her lawyer in court he was an idiot and cost his wife more than the $10k he billed him. He suggested to the lawyer that he refund his wife the $10k since he failed to do his job. He then turned around and told the court he would still make her car payments and insurance until it was paid off. My friend represented himself since he did not have enough money to pay for her lawyer and one for him. The interesting part of this, her lawyer wanted the court to award her half the business and she deserved some % of its income for a period of time since she worked there for 2 yrs without pay. Well the judge said fine but she had to assume half of the $150K in debt the business had since the business was worthless otherwise. The assets were not worth more than what was owned at that point and billable receipts were barely cover the debt service. My friend also called the sister and told her she was also an idiot and her stupid advise of getting a lawyer because my friend was trying to rip her off caused his wife to get less than than what he was willing to give her upfront. To the op, if both of you can be reasonable and can decide on what is fair you do not need lawyers. As people pointed out most States have guideline on how things should be split, if you follow those and the court see no real issue you can simple be done with it and each can go their own way. Last edited by Maestro; 09-02-2011 at 08:49 AM. |
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| 09-01-2011, 01:09 PM | #130 | |
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Captain
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| 09-01-2011, 02:02 PM | #132 | |
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Brigadier General
 
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