You should not rely on what she said her lawyer told her. You must go and see a family law practitioner in your area as soon as possible and assess your situation with him or her. From just the facts you presented, it appears you won't be able to accept her offer because there is not enough money that you can pull out of the house or your other assets. If you don't have an attorney in mind, call the local bar association referral services and see someone as soon as possible - do not delay! I hope it helps and good luck!
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
First, you are wise to consult counsel. Second, this would not be a good deal for you.
Under NE Divorce law, the main premise is "equitable distribution" of the marital estate. I'm assuming you bought the house when you were married. It would then be a marital asset. It makes little difference what you put in compared to what she put in. You own it jointly, and you are entitled to 50% of the value of the home.
On the alimony, I would need to know how long you were married. Whether or not alimony is awarded is dependent in large part on the judge. Lancaster County has some excellent judges. Karen Flowers is very liberal when it comes to alimony. Judge Otte, not so much. I don't know who you have, but assuming you haven't been married for a great length of time, you might win "as a matter of law" on the alimony issue.
I wouldn't trust her lawyer telling her she could "get everything." This is a common sales tactic that lawyers use. They overpromise and underdeliver, because by the time of the delivery, they've already earned their retainer, plus some more, and don't really care about delivering that much.
If you need to chat about this, I'm available. Number is 402-321-0580.
Get your own lawyer and attempt to reach an agreement. We are happy to offer you a free initial consultation to talk about the case. Give us a call at 402-455-1711 to set up a time to talk. We have been in business for almost 25 years and fight hard for the people we represent.
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