well my husband and i have been separated for 2 years now. and he filed for a divorce. the thing is he got a 401k check back in april for the amount of 3200.00 from a job he had back in 1980's. i told him that half of that was mine and he said he spent it and couldn'tgive me any.but i believe by law that money is mine.i cant afford a lawyer can i go to court without one?Can i get advice on how to fight what is mine in a divorce?
u need an attorney, because he probably has one. maybe u can get one to take yours on the contingency u can pay later. being married this many years, u would be entitled to half. but it does look like he is a planner and a plotter and may have his money hidden.Can i get advice on how to fight what is mine in a divorce?
You can always defend yourself in court. Yes youre entitled to half but getting it thru divorce court may be another thing but you can always sue him in small claims court for money owed you, as long as you can prove that money existed and you were married at the time
401 k?
400,000 pounds check?
I SMELL GOLD DIGGER
LET HIM BE.
He didn't expect the money did he?
So why are you wanting the money?
By nearly 30 years passing I'm SURE he didn't expect to get such a massive check, and you were divorced by then.
The law says that the money he had THEN is what you are entitled to.
He didn't have the MONEY then.
It's like saying I'm selling a baseball card, which is worth 10,000 dollars. Out of nowhere I divorce you. I give you the 5,000 dollars.
But if later on after I divorce you, somehow out of royalties I get like a million dollars on that card out of nowhere - what right do you have on that?
The divorce paper acts as a TERMINUS.
Let it be you golddigger
See if you can get a lawyer, pro bono. If he filed for a divorce, you will have a court date. Prepare yourself. Yes, half is yours, you can't spit, literally, everthing in half, BUT you can spit the total value of everything. If he wants a car that is worth 10,000, then you should get something(s) of value worth $5,000. He owes you $1,600 so far.
Any one can go to court without an attorney. If you can't afford one, go to Legal Aid. Sometimes they can help with this. Some can't take on any monetary cases though.
If you were married back in the 80's it's rightfully to some, half yours. But A court may find your not in-titled to any of it.
I think it would be in your interest to consult with an attorney to better understand the potential issues involved with your divorce. There are several sites online that connects you with attorneys that could shed some light on your quesiton. I used www.quicklegalanswer.com for my legal stuff and was pleasantly surprised. It was very affordable and helped me put my mind at ease. Anywho, just thought it would be a good idea. If you need anything else, let me know.
What you can do is deny him anything you have from him that he normally is entitled to. Cut it off and refuse to give him anything you have in his name, until he gives you the 3200. If he refuses this, tell HIM to bring it to court.
Your city, county, or state may have free legal advice available. Call and ask. Were you married when he had this job in the 80's? If he earned it before the marriage, you might not be entitled to it.
Check in the city you live in and see if there is Legal Aid.
They provide lawyers at little to no cost for people who can't afford one.
Look in your phone book.
Never go to court without a lawyer.
you can try and get a public defender if you are that hurting.
if not then yes you can defend yourself.
go to the court house and ask for the proper forms and procedures and do it yourself!
Your right about one thing...half the money should be yours. It would have been better if had taken some action before he got the $, now it will be a lot more difficult. Get a lawyer ASAP.
coz he got something and you havnt you want it. but yea you can go to court just a civil court
Yes. However you do need proof. You are correct in your assumption that you are in titled to half.
You need to consult with a Lawyer. The laws are different in all states.
DON'T GO INTO COURT WITHOUT A LAWYER.
Marital assets are those thing of money and property and possession acquired from the marriage date onward.
In most states, things you brought into the marriage are yours automatically. That includes jewelry. money market accounjs, stock, sticks, possessions, furniture, heirlooms, etc. It also includes the money you had in bank accounts, etc. So if you came into the marriage with 6 gs, you can fitst take 6 gs for an offset against the marital assets divided by two. If he has a pension, you are entitled to half of it for the time you were married....visa versa too... If he has degrees which you paid for him to finish school, YOU are entitled to a lifetime value of his degrees. etc.
Read The Divorce Handbook, for sure, and other divorce books. If the court wants you to move forward, ask for adjournments...tell them you are broke and need your ex to be to pay for your divorce lawyer. In some cases, the judge grants that....Read divorce agreements of those you know and respect.
Yes, you are entitled to 1600 dollar additional for his payment now for work done back in the 1980s.
Certainly, a lawyer would be a logical course since he's being a retard about money. So read that books and take tons of notes about what you can claim as you part OF the marital asserts. Note: in certain locals, there is 50./50 on anything and everything, so check the regulations for divorce in your state. California, for example, has that , so if a rich actor married a poor stage promoter, and two years later they divorce, she still gets 11/2 of his and her entire combined estate.
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