Old 07-13-2008, 08:36 PM
  # 8 (permalink)  
prodigal
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Join Date: Apr 2004
Location: Keepin' my side of the litterbox clean
Posts: 2,136
If you live in a community property state, the division of property can be 50/50 unless it can be proven that any property was purchased WITHOUT commingling funds. (In other words, you purchased a house with money given to you by your mother and none of the money came from a joint account.) Also, gifts are considered non-marital property. Whether you live in a community property state or an equity state, gifts are not split between the couple.

If you live in an equity state, such matters as the duration of the marriage will be taken into account. Marriages (even in community property states) of five years or less are considered short duration. Spousal support (previously called "alimony") will only be provided for half the time of the marriage; then it will only be given to allow one spouse to gain necessary training to re-enter the workforce and have a reasonable lifestyle.

There are NO GROUNDS for filing in any U.S. state, with the exception of New York. Since 2006, New York may have repealed this antiquated law. Some states, such as Arizona, are STRICT no-fault states. It doesn't matter what one spouse is doing; there are NO GROUNDS. Maryland still has several grounds, among which are adultery and desertion. However, grounds are not needed, other than irreconciliable differences, to dissolve the marriage union.

I can certainly understand and sympathize with you being fed up with this guy and slapping him. However - and I am not taking sides here - you assaulted him. Physical touching of an offensive nature - slapping, shoving, pushing, hitting - is assault. That's just the law. He hit you back. However, you hit him first, and he can charge you with assault.

My exAH was out of work more than he was employed. The night I left him, he shoved me backwards onto our driveway. He shoved first. He also threw my suitcase at me, but missed. Assault. I went to court and pressed charges. In the end, I got nothing from him, even though I had supported his worthless a$$ for years. Why? I had NOTHING in writing stipulating that my financial contributions were a loan. However, I walked away with my possessions, let him have his house (I refused to be on the mortgage with the deadbeat), and we called it pretty much even.

Mine made all sorts of noise about who-got-what. However, what saved me, in the final analysis, was I kept all my assets and liabilities in my name ALONE. I refused to commingle funds. Thank goodness - because the exAH had about $50K in debt when I walked!
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