I am filing for an uncontested divorce where there are no children. The house was sold, the debts have been paid, and the profits split. Neither of us want spousal support. He lives in MN still and I live outside the country. We do not qualify to file a summary dissolution. My spouse and I are in complete agreement on everything.
The paperwork asks us to indicate how much we're expecting to earn this year. He only recently started working so his salary for this calendar year is going to seem very low compared to mine (I've been employed all year). My goal is to settle this completely out of court but I'm worried that a judge will think it's unfair that he's not receiving spousal support when his income appears to be be far lower than mine (in reality I don't earn much more than him) . Should we wait until January to file so he can put a full years wages? Or will the judge not care?
Also I have more money saved/invested than him. He choose to do other things with his money so on paper it looks like I'm taking most the money and leaving him with very little. How can I minimize the likelihood of having our request rejected? I want to avoid flying back to MN.
Your many concerns are valid, and questions, good ones. One aspect of my own work is that I may confer, in the attorney-client relationship, with my client, and at times the work before us is that my client wants me to review his/her proposal for divorce terms and I provide legal advice, counsel & guidance on what seems reasonable, and sometimes, what provisions may seem to 'test the limits' of reasonableness, or 'good sense'. At times I will help my client, for instance, to add some helpful wording, or alter some wording - each case is unique to its own facts.
Hello. This sounds as tho' it is a vehicle 'forfeiture' matter, but full facts would need to be known.
It sounds like Basic Honesty 101 that that person may lack it !
You state the car is your car, so I urge you to separate and think 'myob' re. that person. If this is a matter of vehicle forfeiture, you may need to take legal action steps to seek to retrieve your car. One concern to keep in mind is what the value of the car is, because if you are going to wind up spending any money out of pocket, it's good and right and appr' that you make a cost to benefit analysis.
I suggest you may well want an att'y to help you at this time and if so, please be a good consumer of att'y leg' servs. Contact - email, fone - multiple att'ys as you choose one. Know that a very small no. of us att'ys partic' in the metro' may help our clients in a limited manner and cost containing and curbing is but one aim. In my own case, I prefer to work with my clients and each case and client is unique, of course. Beware 'free consultations' and 'free advice'. Best to you! TY for posting here !
TRICIA DWYER, ESQ. LICENSED IN MINNESOTA. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
It sounds like there are valid reasons why you both agreed to divide the estate in the way that you did. If the Judge Orders a Hearing and asks you XYZ, then be honest and explain exactly why it was equitable. Equitable does not necessarily mean equal. You can also explain that his income will be closer to yours after he has been working for a bit longer. And your spouse can also state that they are in agreement with what you are saying. Tax implications would be a consideration on whether to file now or wait until after the first of the year.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline