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Mediation was a failure. now going to trial for judge to decide my outcome.

Nashville, TN |

mediation was a waste of 4.5 hours. husband makes twice as much as i do (receives regular pay, military retirement and VA disability), he does not want to pay any alimony, stick me with majority of bills. curious how the judge will view this as i thought it would be an almost equitable division of income (income and military retirement) and property and thought alimony would as well be so i can pay the bills, that he helped create. i have an attorney, but not getting a good feeling about how a judge can decide my fate in a trial in one day. will he look at everything, or will he just rule and will it be fair. i have asked for legal separation, he is wanting a divorce, and thinks he will get a divorce just because he says so. i never wanted any of this. Need any advice!!

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Attorney answers 2

Posted

The facts you present are not very complete, a lot depends on how long you were married, whether you signed a pre-nuptual agreement, whether you have minor children, what you did during marriage, work, homemaker, etc.

Asker

Posted

Married for 18.5 years, supported his military career, have a much lower paying job, child is over 19, no prenup, provided to most of upbringing of child...

Ronald Walter Kim

Ronald Walter Kim

Posted

You are probably entitled to rehabilitative alimony, ie to allow you to go to school to get a better paying job, since he gets paid more, he will probably get a greater portion of debt, you should try to have as much of assets liquidated, home, etc to generate some cash for you in property division.

Asker

Posted

Can't sell the house, will need to bring 30k to break even and can't sell vehicles...don't have any assets to liquidate....

Asker

Posted

Can't sell the house, will need to bring 30k to break even and can't sell vehicles...don't have any assets to liquidate....

Asker

Posted

Can't sell the house, will need to bring 30k to break even and can't sell vehicles...don't have any assets to liquidate....

Asker

Posted

Sorry for the three responses....he is trying to stick me with a 26k credit card that is joint and he helped run up and a truck that we owe 28k on and can't sell as we r upside down with. My atty is asking for alimony infuturo

Asker

Posted

Sorry for the three responses....he is trying to stick me with a 26k credit card that is joint and he helped run up and a truck that we owe 28k on and can't sell as we r upside down with. My atty is asking for alimony infuturo....how can a judge be able to go thru all that in trial to make a decision?

Ronald Walter Kim

Ronald Walter Kim

Posted

Based on these facts, I agree with your attorney to go for infuturo, appears he is doing a good job. Mediations are not always successful.

Posted

You would need to provide more information to determine whether alimony would be appropriate. Alimony is based on the length of the marriage, your need and his ability to pay. Several factors go into this determination such as your ability to work, degrees/special training and what you did for work during the marriage.

Also, he will be granted a divorce if he requests one. You cannot force him to settle for a legal separation, even if you do not desire the divorce.

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Asker

Posted

length of marriage 18.5, he has three paychecks and makes over twice what i do, i have a full time job, i did secretarial work for the duration of the marriage. realistically, how does he get granted a divorce when i did not ask for one, seems a little skewed as i am asking for legal separation to be able to have military benefits such as healthcare and other privelages.

Asker

Posted

he receives regular paycheck, military retirement AND VA disability......i was the primary caregiver for our child who is now over 18 so he could further his career....i don't understand why he would be granted a divorce?

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