I have a buddy getting a divorce and need some advice...

pixeljunkie

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So, his wife cheated on him, left him via text and is trying to get alimony and car payments out of him.

I didn't think this was possible since she committed adultery and instigated separation?! But he is telling me that that is definitely not the case.

I know some of you guys have gone through some shit like this. Are there any "Ah-ha!" legal moments, or any advice/direction I can share with him to protect himself or avoid such injustice?

He's getting fucked sideways by all this. Total insult to injury and seems so unfair.
 
Neodogg

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1) send nudes
2) depends on the state...Ohio is a no fault state, things get divided up 50/50 regardless who is at fault or who instigated.
3) duration of marriage can be a factor as well.
4) lawyer up and document everything...phone call don't happen unless they are recorded. Ohio is a "one person consent" state...

Ohio Rev. Code Ann. § 2933.52(B)(4); Ohio Rev. Code Ann. § 2933.51 It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act.


Texas: One Party Consent
Tex. Penal Code Ann. § 16.02;
Tex. Code Crim. Proc. Ann. art. 18.20
It is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of said communication unless the person is doing so for the purpose of committing a tortious or criminal act. An individual may also disclose the content of any electronic communication that is readily accessible to the general public.

never been through this personally and am not a lawyer...good luck and send nudes...
 
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pixeljunkie

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Rot said:
You sound like if you had a choice :keke:

xROTx
Click to expand...

hahah

Yeah, I told him he has to lawyer up, even if it hurts to spend that money. It's better than just freeballin' the whole process.

Already sent my nudes to Rot.
 
ChopstickSamurai

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A buddy of mine used the same lawyer as his wife in their divorce, and surprise, got fucked over bad. Definitely lawyer up and deal with the bill. It’ll be worth it after all the fallout.

That being said I hope I never have to deal with a divorce. It sounds like complete hell.
 
fake

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ChopstickSamurai said:
A buddy of mine used the same lawyer as his wife in their divorce, and surprise, got fucked over bad.
Click to expand...

Same. The lawyer screwed her over and her ex got everything. She had to fight for years to get anything beyond a few hours every other weekend with her kids.
 
Neodogg

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ChopstickSamurai said:
A buddy of mine used the same lawyer as his wife in their divorce, and surprise, got fucked over bad. Definitely lawyer up and deal with the bill. It’ll be worth it after all the fallout.

That being said I hope I never have to deal with a divorce. It sounds like complete hell.
Click to expand...

isn't that a conflict of interest?
 
evil wasabi

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Depends on the state. In MD or DC, adultery is grounds for termination without benefits. However, if he has a bad prenup that conditions her to receive half no matter what, then he would be fucked.

If his income is low, he should check with the legal aid bureau at his local circuit court. If they deny him, he should ask them to recommend him to firms that take on pro bono cases. But he should play it super cool right now.

Be civil
Cease any direct communication (she can talk to his lawyer)
Sever any joint accounts
Keep copious notes of everything
Download all the prior bank statements
Request detailed logs of all telephone records for all numbers he paid for
 
pixeljunkie

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HDRchampion said:
Any kids?
Click to expand...

nah, thank god

Evil Wasabi said:
Depends on the state. In MD or DC, adultery is grounds for termination without benefits. However, if he has a bad prenup that conditions her to receive half no matter what, then he would be fucked.

If his income is low, he should check with the legal aid bureau at his local circuit court. If they deny him, he should ask them to recommend him to firms that take on pro bono cases. But he should play it super cool right now.

Be civil
Cease any direct communication (she can talk to his lawyer)
Sever any joint accounts
Keep copious notes of everything
Download all the prior bank statements
Request detailed logs of all telephone records for all numbers he paid for
Click to expand...

Some good points, I think he still talks to her - probably not a good idea.
 
GohanX

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Anything he says to her can and will be used against him, no matter how innocent.
 
Lastblade

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Start cashing out investments or stashing stuff away...
 
NeoSneth

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You need to make sure he has evidence she cheated and she left. That helps, but that's not enough to dodge alimony. She can still claim she "had" to leave, for "reasons". Divorce court is not a logical battle. that judge can and will rule however the fuck they want, regardless of prenup agreements or otherwise.
 
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pixeljunkie

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NeoSneth said:
You need to make sure he has evidence she cheated and she left. That helps, but that's not enough to dodge alimony. She can still claim she "had" to leave, for "reasons". Divorce court is not a logical battle. that judge can and will rule however the fuck they want, regardless of prenup agreements or otherwise.

divorce is just too risky despite equal rights.
Click to expand...

whenever I ask him "how it's going" his updates have that ring to them. Logic doesn't seem to apply.
 
GutsDozer

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Empty the bank account and get a cut throat lawyer.
 
Heinz

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Lastblade said:
Prime suspect, would never get away with it
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I don't know why she was found in the marshland in a series of rubbish bags but I mean she was out of her mind so anythings possible detective.
 
neo_mao

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Are you sure she was cheating on her him?

Maybe she was having a threesome and his invitation got lost in the mail?
 
smokehouse

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This same thing happened to my brother...he's a good man, she was openly cheating on him. He worked, she never did. In the end, she got custody of their daughter, fucked his retirement over taking half (after penalties), he paid her $800/mo in child support for years until their daughter was 18.

Did he deserve that? No freaking way.

He kept his cool, kept a level head, didn't give into her bullshit attempts at picking fights or putting him against her then boyfriend.

It's done now, he's moved on, remarried to a great gal and is much happier.
 
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