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Planning a divorce? |
I have been married 3 yrs unhappily and have a son who is almost 3 yrs old.Husband and i seperated for a year he just moved back in but the fighting has continued so i want to move out.How much money is it nessary to have saved up before a divorce?I only have1200 dollars right now in my personal savings account that i just opened plus the 435 dollars i am going to get paid on Monday for babysitting my younger cousin.I do work right now for a museum (i was a liberal arts major in college)and before that at an art gallery that restored paintings so i have worked through out my marriage.My husband is an accountant so he makes more than me but we have joint checking account with 6 grand in it and savings with a little over 15 grand so am i entitled to at least half of that money since i helped to contribute?Can i take it without permission since both are names are on both accounts?Also furniture wise am i better off leaving most of it? I suggest that you file divorce paper immediately, and at the same time, withdraw 1/2 of all money in both accounts and open new accounts, put in writing what you have done, date and sign, give your lawyer a copy...that way, no one can clean out an account without your knowledge. Do not trust anyone when it comes to money, period! Sue for child support..the state of NY will determine what you get, also sue that you can move to NJ and live there. As for the furniture, call a used furniture store and have it appraised as for their buying it....withdraw one half that amount and put it in a separate account so IF he keeps the furniture, you will have been paid for your half. Trust that your furniture is worth very little. OR, come to some kind of terms where you take this, he takes that (if you can reach this decision, you will come out ahead) Talk to your husband and tell him how you feel. Maybe you can work out a friendly kind of divorce instead of you being enemies when it is final. You don't really explain the reason for all the fighting. Is it money? Your son? Why not discuss this with your husband and see if you both can try again. After all, you loved him when you married him, right? It would be nice for your son to have both parents living in the same home. Right now you have a family. See if you can both work on getting happy with each other again. it is marital money so if you take all of it you should be okay as long as you didnt sign a property settlement agreement. but if i were you i would talk to a lawyer first! Well don't know about NYc but under Texas law you can take every penney in that account if you wish. But then Texas is a community property state. I'd find out how much your going to have to pay the lawyers and all plus how much you need to live and work from there. This is a matter than can only be settled in court, because I don't know what the property division laws are in NY, only a judge can tell you. As for the furniture, accounts and all, if you're wanting to leave with half of it, make sure your counselor knows that, everything can be compromised, if not by the 2 of you, a judge will make the decision for you. Try some counseling with your planning a divorce as it will help you be more sucessful. Take half the money leave and start the divorce. You don't even have to take half but, you know in your heart you helpped put the money in so yes you can take money out without him knowing. But, don't stick around just because you are waiting for enough money to divorce him. Just do what you got to do and get it over with...good luck |
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