For you legal minds......Divorce Question

[Sabryna Taylor]

A girlfriend of mine separated from her common law husband one year ago after five years. He is quite successful and took everything - and her wanting out...let him (long story). Does she have a legal recourse at this point? She just wants to know before she goes through the trouble of getting a lawyer.

I know there are some legal experts....and even some lawyers out here....so I thought you may be able to help me...help her....or even point her in the right direction

Sabryna

 

[zydeco]

From the little bit of the "long story" that you provided - sounds like it would be well worth her trouble to speak with a lawyer.

 

[tboy]

Hmm ignore the person's experience and reputation in law...for someone who will listen. Good advice.......ahem.

Anyhow, I don't think there is a statute of limitations on separation agreements. Like it or not she should talk to a lawyer.

 

[Damondean]

On being cheap in the wrong place

It amazes me that ladies who charge for time+services don't want to lay out a few bucks for a lawyer. Instead, they go on a board like this to get legal advice.

Some lawyers don't charge for an initial consultation. Eeven if they do, it wouldn't cost more than an hour's incall. The Law Society has a referral service for lawyers specializing in various fields -- family law in this case.

But beware, cheaper is not always better -- just like with SPs.


(BTW: I am not a lawyer but I do hire one whenever I need one.)

 

[Sabryna Taylor]

BTW - I'm not trying to be cheap....I'm trying to get information so I convince my girlfriend (who is not an SP) to get her ass to a lawyer. It is a subject I don't know much about.....thus asking here.....

Her main concern was the common law aspect of things - I told her I thought it was very similar to a regular divorce....but couldn't find anything to back it up.

Sabryna

 

[Gentle Ben]

I think someone already said, GO see a Lawyer!
The reasons that he has given (that the case against him won't stand up) are no grounds to exclude her from what is legally hers, even if his stated story is true.
I don't think there is a statute of limitations on seperations as someone said, but the sooner you act, the more weight your story has, ie, acting immediately, versus, say 2 years from the seperation, the courts will likely discount your claims as you have survived on your own for 2 years, your case may be weakened!

 

[Berlin]

I think someone already said, GO see a Lawyer!

Do that. The one I used charged 300 plus per hr, and gave half hr rate, which was more than fair.

Worth every penny. Better seek pro help ASAP.

 

[Malibook]

First of all, tell her to stop paying him immediately!!!!!!!!

There are numerous factors that must be considered.

If they have a child, she can take him to the cleaners, especially if she stayed home to provide care.

I believe that she could be entitled to half of what was accumulated while they were a couple.
Does she know how much cash and assets were accumulated, without and excluding previous savings, while they were married?
Does she have documented proof to back up her claims?

How easy will it be to have him served notice?

Assuming she can likely get a judgment, will it be large enough to pay the lawyer and make this all worthwhile and what is the likelihood that she will be able to collect this judgment?
Is he working above the table (wage garnishment) and does he have significant assets to go after?

Most lawyers will provide a free consultation but keep in mind that they make money by convincing you to hire them.
They get paid regardless of the outcome or the quality of their performance.

 

[Sabryna Taylor]

Thanks for all the info....and yes....I am convinced that she needs to get her ass to a lawyer and talk to him. I really (like I said) have no clue about stuff like this....and am too close to the issue to be objective..... The entire situation has pissed me off and the more I find out the angrier I get.....

I was feeling a bit like i was pushing - and want her to do what she needs to do because SHE knows she has to do it....not because I'm telling her to (like yychobbyist said).

 

[Berlin]

As a former divorce lawyer my advice would be to do nothing until you contact a lawyer.

So how much you are going to bill her ?

 

[seymore]

in my opinion, she really need sto talk to att least 2 lawyers.... and many offer free consultations. The first one will provide the background that she needs to consider, before she can ask the really tough questions. Based on the rapport she has with the first, she may not need the second lawyer. But... the fact is that many women are not aware of their partners financial situation. It is imperative that , during a separtion/divorce.... they have a legal beagle on their side. if not..... they are bound to lose control.

 

[robert99]

snip

I was feeling a bit like i was pushing - and want her to do what she needs to do because SHE knows she has to do it....not because I'm telling her to (like yychobbyist said).

Sometimes friends need to push, you sound like a good friend.

 

[einar]

Point her toward a family lawyer. And is this simply about money? It is going to get ugly, so I think she should look inside herself at the same time she speaks to a couple of family lawyers.

Maybe she should simply be glad it is over.

 

[shack]

Do that. The one I used charged 300 plus per hr, and gave half hr rate,....

Is that incall or out?

 

[Berlin]

Good Lawwd, that was you YYC ???

 

[Sabryna Taylor]

Damn glory holes.....you can't tell anything!!!

 

[Berlin]

at 300 per hr , with half hr rate ? Nope.

I was too overjoyed.

 

[Berlin]

Too late , YYC. Words have gotten out.

 

[Berlin]

Just make sure they are ladies .

We love you too, Papi.

 

[james t kirk]

First off, there are a number of government websites that answer basic questions about exactly this sort of thing.

Why not start there.

www.gov.on.ca

Go to the ministry of the Attourney General and do a search

Second, the one thing I don't understand about the original post is how or why a very well off guy "took everything"