(for the legal minds, not including leroy) Say you are a Judge...

[OU_Sooners75]

overseeing a divorce decree. (this is actually something I know someone going through, just got a text message about it)....

Say the marriage occurred for less than one year. The legal seperation took place 5 months after the wedding. It is in court 11 months almost to the day of the wedding.

Now, say the wife had a child from a previous relationship.

Okay...Now the husband, being the good wife beater he is, beat and abused his wife. He also mentally abused (but never laid a finger on the child). He locked said child in his room for hours with nothing to do, no toys, no books, nothing to eat when the kid was hungry, nothing!

The cops were called to the residency more than once. But the guy was never arrested or made to leave..but the wife was!?!!

Well, the wife decides enough is enough (good for her). She leaves him, files for separation and divorce.

Fast forward to the divorce proceedings. (btw, say they make about the same amount of money)...

Both parties show up to the divorce like good standing people.

Anyway said abusive husband decides to represent himself and waves attorney privileges.

Well, husband, decides he wants to fight for alimony.

What is the possibility of the husband getting alimony granted?

I personally think the guy is a freaking idiot, his steroid rages brought this upon him!

[olevetonahill]

In MHO the guy is a ****in nut.
They make = money? She has a Kid By Prior?

I like My chances of making it to heaven better than his of gettin alimony :D

[OU_Sooners75]

In MHO the guy is a ****in nut.
They make = money? She has a Kid By Prior?

I like My chances of making it to heaven better than his of gettin alimony :D


That is what I told her.

Her attorney advised me not to attend because, well, frankly, my son was the one that got neglected and mentally abused!

And he is your favorite type of person...at least half favorite anyway....

Half Vietnamese...LOL Go figure!

[badger]

Much like it is near-impossible to exclude a current spouse from a will, it will be near-impossible to exclude a current-spouse from a healthy settlement after a divorce. Even Sir Paul McCartney had to give his ex-wife millions despite the fact that (a) his fortune was established long before he was married to her, and (b) they weren't married for that long.

Alimony? No. But, unless there's prenup, expect some division of the assets, even with a kid to take care of.

[TUSooner]

OK: "I'm a judge." There, I said it.

Oh, there was a question? :O

I suppose there's always a "chance" but I don't know nuthin' 'bout no family law. I would hazard to venture to propose to guess that, once it's known that husband is a wife-beater, judge won't be inclined to give him anything. I'd also guess that no aliminy would be award in any case where the parties have equal income and assets. Have i made it clear taht this is guesswork? :D

[OU_Sooners75]

Well come to find out...

He tried to state a lie in court...and her attorney set him straight before making a mockery of the courtroom...LOL

He tried to say that she was not working...and that he had to support her. Then stated that he ended up befriending her boss...LOL

Now, I am not a legal mind at all...but isnt Alimony, "Spousal Support?" Meaning if they were married a long time and she was not working and he was, that he would have to be the one paying alimony?

Alimony is not paying a spouse back for supporting them...LOL

[OU_Sooners75]

Much like it is near-impossible to exclude a current spouse from a will, it will be near-impossible to exclude a current-spouse from a healthy settlement after a divorce. Even Sir Paul McCartney had to give his ex-wife millions despite the fact that (a) his fortune was established long before he was married to her, and (b) they weren't married for that long.

Alimony? No. But, unless there's prenup, expect some division of the assets, even with a kid to take care of.


The divisions...well there wasnt much I guess. He had his stuff before the marriage and she had her stuff.

And she wanted nothing of value from him, even if they bought it together.


She just wanted out of the marriage because of the mental and physical abuse he did to her and her son (which is my son too)!

[TUSooner]

"Alimony is like buying hay for a dead horse." ~ Groucho Marx

I just wanted to use that quote. :)

[OU_Sooners75]

"Alimony is like buying hay for a dead horse." ~ Groucho Marx

I just wanted to use that quote. :)


LOL

[olevetonahill]

"Alimony is like buying hay for a dead horse." ~ Groucho Marx

I just wanted to use that quote. :)

"Alimony is Paying fer Punannie that some one else is gettin "~Olevet

Just wanted to use that quote :D

[Okla-homey]

Quick and dirty: if its an Okie divorce, I predict the joint property (debts and assets acquired during the marriage) will be split fifty-fifty. Note, debts too. They'll both get keep the stuff they had when they got hitched. On a marriage that lasted less then two years, there won't be any alimony.

[OU_Sooners75]

Quick and dirty: if its an Okie divorce, I predict the joint property (debts and assets acquired during the marriage) will be split fifty-fifty. Note, debts too. They'll both get keep the stuff they had when they got hitched. On a marriage that lasted less then two years, there won't be any alimony.


Yeah, he was pretty much laughed out of court by the Judge of his definition of alimony...LOL

He did not get crap that he wanted...and he was pretty much very arrogant in the courtroom.

[AlbqSooner]

When I crossed the Red River on my way to Florida where I was moving my law practice I said a little prayer. "God, I promise you I will sell shoes at Payless before I take another family law case."

I kept that promise.

[olevetonahill]

When I crossed the Red River on my way to Florida where I was moving my law practice I said a little prayer. "God, I promise you I will sell shoes at Payless before I take another family law case."

I kept that promise.

Is that you AL Bundy :D

[Collier11]

OK: "I'm a judge." There, I said it.

Oh, there was a question? :O

I suppose there's always a "chance" but I don't know nuthin' 'bout no family law. I would hazard to venture to propose to guess that, once it's known that husband is a wife-beater, judge won't be inclined to give him anything. I'd also guess that no aliminy would be award in any case where the parties have equal income and assets. Have i made it clear taht this is guesswork? :D

I thought morality wasnt taken into consideration in alimony and child visiation cases? This is why a woman can cheat on her husband and still get majority child rights and alimony?

[Okla-homey]

I thought morality wasnt taken into consideration in alimony and child visiation cases? This is why a woman can cheat on her husband and still get majority child rights and alimony?

You are correct. Morality has very little to do with it.

Folks need to understand that modernly, divorce is analogous to the dissolution of a contract. The general principle is that each party gets the stuff they brought into the deal, and they divide the stuff acquired during the contract right down the middle. Alimony is pretty uncommon in Oklahoma nowadays.

Also understand, child support is the property of the child. Of course it's paid to the custodial parent by the noncustodial parent, but that custodial parent's morality has absolutely nothing to do with whether or not child support payments must be paid. The visitation is thought to be for the benefit of the child too. Non-custodial parent gets visitation if the court finds that the child needs it and won't be harmed by it.

[85Sooner]

Sounds like its now time to sue her for custody of your son since she evidently has not or cannot protect him.

[BillyBall]

I like how there are now threads that ask for Leroy to abstain from making comments. I think they should all start like that.

[Okla-homey]

Sounds like its now time to sue her for custody of your son since she evidently has not or cannot protect him.

Just know its mighty tough to peel a small kiddo away from its mama. You really have to have the goods on her. Not just a lot of "he said/she said" or "I heard thus and so" stuff. We're talking Lindsey Lohan at her worst type stuff, preferably supported by photos and sworn testimony by witnesses.

[oudavid1]

I say if you want your money, we want to castrate you. Deal? and if you ever hit a woman again we are gonna give you a M16 with 250 rounds of ammo and drop you in Afghanistan.

[StoopTroup]

I like how there are now threads that ask for Leroy to abstain from making comments. I think they should all start like that.

I'd like to see Phil make a forum for him where he could talk to himself.