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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> separate
May 25, 2011

separation advice for menBy Jennifer Paine

Attorney, Cordell & Cordell

The recent news of Arnold Schwarzenegger's "love child" has glossed over a far more common and problematic issue in his situation that you are more likely to face – a trial separation.

When clients come to me for legal separation advice, I tell them a trial separation is a break - from your spouse, from "it all" - to determine whether you are just going through a low point in your marriage or you should divorce.

At first blush, it sounds like a good idea. No one wants to spend money divorcing needlessly, particularly when money is in short supply to begin with.

But, if you are not careful, that separation to help you determine whether to divorce can snowball into the biggest problem in your divorce.

Here is some separation advice for men on what you should not do during your trial separation.


Jan 19, 2010

Question: My wife and I are separated but agreed to delay the divorce until we pay down debt. 

I am living with my brother to stretch the budget, but am I doing the right thing? 

Can this be some type of stall on her part or could it be seen as me leaving my wife since I moved out? I just found out that she has opened a checking account in her own name and I am not sure what to make of this either.

 


Nov 29, 1999

Question:

My wife is not on the title but is on the loan. It was my house and when we refinanced, the title company did not include her on the title, just on the loan. We have only been married three years and she brought money into the marriage from the sale of her house. Since the money was comingled, she wants half of the farm. Can we fight that and win? She already wants $750 per month for child support and lots more money from splitting assets. I had the farm six years before we got married and prior to refinancing, was on both the title and the loan.

Answer:

It is difficult to say for sure that you can fight this and win. It is totally dependent on the documentation that you can provide to back up your claim of separate property. At minimum, she will be entitled to one-half of the appreciation in the equity of the farm. I think you can preserve the separate nature of the remaining interest, but you will have the burden to produce all the documentation and information to prove that you had no intent to make the farm marital property by refinancing.

Nov 29, 1999

Question:

If I purchased a home twelve years after a legal separation, is it still considered marital property? Does the other spouse have rights to it during the divorce process?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of South Carolina. In general, all property (marital and separate) is divided at the time of the Legal Separation, and the other spouse would have no right to it. However states vary on their law. I suggest you consult an attorney to know for sure.

Nov 29, 1999

Question:

I'm a police officer going through a divorce and am out of work as a result of a job-related injury. I have filed a workman's compensation claim for my injury disability but am still getting my regular paycheck since the injury was work-related. My wife is asking for half of the awarded claim when I get it for lost wages. Is she entitled to this? I have no lost wages at this time.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New Jersey. In the jurisdiction where I practice, the portion of the award attributable to your lost wages is marital property. However any award attributable to pain and suffering on your part is not marital property, it is your separate property.

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