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Entitlement differes depending on where you are and whehter there was any agreement previously drawn up.
A rule of thumb is that you are entitled to half of everything that has happened while you have been together, so if he has a pension that was invested before you were together then you might not have an entitlement, but any pension he has accrued while with you should be accounted. Of course the same is true the other way - if you have money set aside. The children always seem to be a bone of contention. It is no longer the case that the mother is automatically given custody. If you cannot reach an amicable settlement and the children are not old enough to have their feelings taken into consideration, then the court may decide for you.
Personally, while I know it is understandable, I find the vitriol of divorce repugnant. When I divorced my wife we were lucky to have a mutual friend who is a lawyer. She sat with each of us individually, explained what we would have to do legally (she refused to represent either) and explained that if we could reach an amicable solution we could save thousands and months. We spoke through her, then through our respective solicitors, and managed to divorce without acrimony. As a result we still speak and can be quite friendly. I got two children, and she got the younger. One has since decided she wants to live with mum, so we organised it. Please don't forget who is important while trying to ruin each others' lives.
You'll get half of everything but you and your Lawyer will need to negotiate with him and his. Your claim to the kids is not 100%. He might get them inst4ead of you.
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You're reading What is a wife of 21 years entitled to when divorcing her husband? Half our house, custody of the children, and what else?
Comments
I tried several approaches to settle this amicably.He is just not agreeing to anything.
He refuses to buy me out and refuses to sell the house..My attitude is I am getting a divorce to get away from him not live upstairs from him.
by Cats24 on October 9th, 2006
OK, but please remember the effect this will have on your children. They will feel responsible, however many times you tell them otherwise. I've been there.
by Ullyses on October 9th, 2006