Posted by KEB1 on September 08, 2008 at 18:51:01 from (63.227.115.228):
In Reply to: OT: divorce woes posted by school boy on September 08, 2008 at 09:45:29:
Would be worthwhile to invest in a legal consultation to find out what the rules are where you live. It shouldn't cost all that much for an hour or two of legal advice, and you'll know exactly where you stand. Based on that, you can make an intelligent decision about whether you need someone to represent you in court or not.
Answer to your question depends on where you live. If you're in a community property state like the Peoples Republik of Kalifornia, everything by law gets split 50-50, with a couple of exceptions. At least in California, anything you owned before getting married is your's, anything she owned before getting married is her's, everything else gets split down the middle. Of course, this can be modified if you both agree...
For a couple thousand dollars it'll probably cost you more for the lawyer to represent you than you'll recover. Its entirely possible to present your case to the judge without a lawyer, and if its a straightforward division of assets the judge can simply make the order. I had kids involved, so was stuck with a lawyer (I got full custody, by the way), but you can present your case for property division without one.
Best advice is to talk to someone who understands the intricacies of the law in your location. You don't have to commit to have a lawyer actually handle your case in order to buy an hour or two of legal advice. In fact, if you did end up with a lawyer, it doesn't have to be the same one you originally talk to.
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