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Author Topic: some pointers from old advice OTB...  (Read 6553 times)
livealittle
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« on: April 26, 2006, 04:41:03 PM »

If you are getting divorced.....

make sure you have

1 - copies of tax returns from previous years
2 - copies of bank statements, credit card statements, an official listing of assets and names on them
3 - open individual accounts in your name only
4 - make sure you know what you will be liable for legally - not always the same as what the divorce decree says
5 - get a copy of your credit report from all three companies
6 - Make sure you have copies of insurance policies and know who has the power to cancel them and how they are paid
7 - know where the money comes from to pay bills with including insurance, property taxes, and other things that aren't as obvious as the mortgage payment and the light bill.
8 - if there are automatic drafts to your joint checking account make sure these are addressed
9 - retirement assets
10 - health insurance policies and coverages

just some things that hit me off the top of my head today when I read a post on the general discussion board.
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anniewalker
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« Reply #1 on: April 26, 2006, 05:44:47 PM »

You might want to add to that list (especially if it won't be an amicable divorce):

- any joint accounts.  My ex bought his current wife's engagement ring on our joint jewelry store credit card and since I was primary and he was secondary... guess who was legally responsible?  Luckily, we all three went to the store and worked it out so they had their own account!  Some accounts cannot be closed until paid in full.  Until that happens you could have one person paying and one spending.  Don't let that happen to you!

- loan agreements including car loans, personal loans, HELOC, anything that has to be repaid. 

- title / deed to your home.  How is it held? 

- find out how your utility bills are set up. It'd stink to have the other person turn off your lights!

- cellphones - same thing: whose plan is it?

- Cars: who owns them? It'd stink if they reported your car stolen!


who has more?
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Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind.
Dr. Seuss
Monte
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« Reply #2 on: April 27, 2006, 01:38:37 AM »

And some common sense advice, if it ain't worth over $500.00 then it is not worth fighting over.
Why spend a $1000.00 on lawyer fees for $200.00 worth of silver ware?
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m_t
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« Reply #3 on: April 27, 2006, 07:54:14 PM »

And there comes a point where you have to realize that a lot of it is just.... stuff. Stuff y'all may not have used for YEARS! But for some reason it's worth arguing over. It's not. Your greatgrandmother's photos? Yeah, worth fighting for. The silverware y'all bought when you were first married? Please.
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Fuck Cancer

"Women are angels. When someone breaks our wings, we simply continue to fly. On a broomstick. We are flexible."

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Phoenix
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« Reply #4 on: April 27, 2006, 09:36:41 PM »

at the end of the day it's all dust in the wind.  My parents fought and scrapped over the house, stuff and then us kids.  Went on for years.  The house is long gone, so's most of the stuff.  The only thing that matters to me, more than gold is our family photo albums and one or two heirlooms which I now have. 

In their 70's after 20+ years of rancor they realized all too late that none of that stuff mattered anymore. The meanness was gone, they were both old and weary and they remembered the love and were sad for it and what could have been.  In the end they were kind to one another.  Thank God it ended that way.  Their kindness not only gave them peace, it gave it to me too.  Instead of remembering them tearing each other up (and in the process tearing me up too), I can remember them, elderly, hands clasped in a last goodbye and nothing in their eyes but kindness and tears.  For that I'll be forever grateful

Would have been nice if they could have just bypassed all the bs.    Sad

It's good to remember, you know.  At the end of the day, what really matters?  Your kids.  Your memories.  Kindness and forgiveness.  Can't take any of the stuff or money with you. 

« Last Edit: April 29, 2006, 03:23:59 PM by Phoenix » Logged
Lee Borden
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« Reply #5 on: April 28, 2006, 07:01:33 AM »

Phoenix, I don't know whether you appreciate how eloquently you have stated the reason for not letting your divorce get nasty and bitter. Do you mind if I quote you elsewhere? I think more people need to hear this . . .
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anniewalker
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« Reply #6 on: April 28, 2006, 10:25:55 AM »

Very well stated Phoenix! 
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Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind.
Dr. Seuss
livealittle
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« Reply #7 on: April 28, 2006, 10:26:42 AM »

It's good to not fight over all the "stuff".  However, as a single mother of 2 kids who literally had to escape my marriage with nothing more than our clothes, a few toys, 1 vehicle jointly financed, and had basically an hour to pack and get out - and I've never went back - it is very good to have all the necessary financial records when you leave. 

I spent 10 months straighening out my credit.  Errors on it due to x putting me as an authorized user on all his credit cards after I moved out, jointly financed things he quit paying for when I moved out, medical bills he ran up and put me down as responsible for the bill after I moved out, etc. etc.  If it had not been for the generousity of friends, coworkers, my church and family we would literally not have had enough to eat or a roof over our heads.  So.....regardless of the stuff doesn't really matter the kids do, if you can't provide for the kids because you have to replace all of the stuff that's not good either.

My x has not provided one penny for anything since I moved out.  He didn't pay for the divorce, court costs, any portion of any joint debt, any expense incurred on behalf of the kids, or any child support ever.  So, yeah, it's good not to fight about stuff and spend thousands to get hundreds, but it is also good to have copies of the paperwork so you can take care of business.

I also understand that not every leaver or left person is in my situation - abusive, dangerous to the point I feared for my life.  I've learned the hard way that a person can change from kind and gentle to furious and uncontrollable in the blink of an eye.  And from my experience base I started this thread.....it probably does come across as adversarial but it was really meant as protective and informative.

livealittle
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Phoenix
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« Reply #8 on: April 29, 2006, 08:21:55 AM »

Phoenix, I don't know whether you appreciate how eloquently you have stated the reason for not letting your divorce get nasty and bitter. Do you mind if I quote you elsewhere? I think more people need to hear this . . .

Bless your heart, Lee, you could certainly quote me.  I added a line in italics...use as you wish. 
(((HUGS)))
Jo
« Last Edit: April 29, 2006, 03:24:45 PM by Phoenix » Logged
SpitFire
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« Reply #9 on: April 30, 2006, 01:36:10 PM »

my best suggestion would be: from the time you have a hint of what's going on or it just smacks you in the face out of the blue... document EVERYTHING...financially...keep all your receipts... get copies of bills... if it's a bill where you send the whole thing in: copy it b/f you send it so you have one for your records.  Don't spend anything that's not documented...Watch carefully anything that is jointly held... get them split as soon as possible.  If somehow things work out, it will be easy enough to put things back together.  SAFETY FIRST...don't trust your spouse...they are not doing things in your best interest!
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Lee Borden
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« Reply #10 on: May 01, 2006, 07:35:13 AM »

Quote
Lee, you could certainly quote me.  I added a line in italics...use as you wish. 
Thanks Phoenix.
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vamp
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« Reply #11 on: May 01, 2006, 09:41:34 AM »

Quote
don't trust your spouse...they are not doing things in your best interest!


Too true.  It's difficult to switch into that mode of thinking, but it's very important to realize.  Divorce is business.  Period.
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Vamp


I like my men like I like my coffee...ground up and in the freezer.
pattygirl62
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« Reply #12 on: May 30, 2006, 06:27:26 AM »

...don't trust your spouse...they are not doing things in your best interest!

So true...

My stbx tricked me into signing an Interspousal Agreement and quit claim deed on the day we bought our house.
I had a few blemishes on my credit report (about 500 debit) from rough times as a single parent before we met.

On the way to sign the papers for the house he told me we wouldn't get the house if I did sign the papers, but that afterwards when my credit was cleared my name could be added. I agreed.

*Fact*  The only reason I would have had to sign the agreement and deed is if  I had already been approved, this where I was tricked....the day we signed the house papers, is also the day I removed my name. I found this out when my house sold last November.

My name had been added 2 years into the house when we started a living trust for our children, the house was in the trust, I had no reason to doubt he could do anything with the mortgage. My name was on it, finally.
WRONG.....after we separated, before I filed for divorce, he used the interspousal agreement and/or quit claim deed to remove my name, he refinanced the house and cashed out over 120,000 in equity without my knowledge.
At the time we owed about 109,000 on a 15 year, with 890.00 monthly payments. The house was appraised at 450,000 when he refinanced.
We had a 2nd of 30,000 for his business, that was payed by his refinancing.

When I found out(days after he got the money), I filed for divorce, borrowed enough for a retainer and went after him.
After he was court ordered to sell the house (my name was no longer on the deed), he didn't follow through. The court ordered him to add my name, move out and I was ordered to move in, bring the house up to market value and sell it.
He had one month to move, mistake. During that month he did 60,000 in damage, but he was on the deed and could do whatever he wanted to the house, I had no case.
I again, borrowed the money to bring the house to market value. It took 5 months and 30,000. This was last fall.....the market dropped. I only was able to sell it for 360,000, he owed 280,000. I still had hope of enough money left over to move myself and the kids into an apartment, and buy a good used car...(mine was in his name and he reported it stolen) I didn't have one.
Less than 5 days before escrow closed I was told that I was 15,000 short to close. SHOCKED, HORRIFIED doesn't even began to express how I felt. He had let the house go into pre-foreclosure (I knew this, but was able to hold them off) and the loan had penalties and interest (no one but the stbx knew) for over 35,000. I was already broke and had to find another 15,000 to close the sale. My attorney, contractors, and receipts for supplies (borrowed money) had to be removed from escrow in order to close.
I was in more debit, my son had to move to his fathers in IN, my daughter joined the Air Force, and the daughter we had together ran away to live with dad...I had no money. I was homeless, that was last November, May 1st 2006 I finally saved enough to rent a house with some friends and I make over 400. a month in payments to pay off money owed for the repair of that house. I still don't have any of my kids back.....and the divorce is going to trial real soon.

So the moral of this story is "don't trust your spouse...they are not doing things in your best interest"!

pj






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Why settle
livealittle
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« Reply #13 on: June 20, 2006, 11:34:32 AM »

http://articles.moneycentral.msn.com/CollegeAndFamily/LoveAndMoney/WhoLosesMostInaBreakup.aspx?GT1=8281

very good article about cohabitating vs marrying
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livealittle
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« Reply #14 on: November 09, 2006, 10:04:15 AM »

you should be able to get copies.  Go do some investigating at the IRS.gov website.  See if you can get a copy of your prior year's returns.  If you can, that will give you an excellent starting place

any income he reported will have employer's ID number on it and any stocks sold will be shown on there, too. 

good luck.
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