Quote:
Originally Posted by kane
let me give you the situation and see what you think.
About 4 years ago they sold their house and moved into a rental. About 2 years later they got separated and have been separated and living apart for the last 2 years. My brother is renting a house and his ex has been either renting, living with her parents or living with friends depending on who she has pissed off at the time.
They don't really have any property to split up. She recently bought her own car. The two main sticking points will be custody of the kids and whether or not she goes after part of my brother's pension.
When he filed he asked for full custody and he didn't offer her any part of his pension. They have some debt which he has agreed to pay and he isn't asking for her any child support nor is he offering her any alimony.
If I understand correctly, if she doesn't contest the divorce and he is granted the divorce on his terms, what he asked for in the filing will be given to him. Is there other stuff he should make certain to have in writing in order to cover his ass?
One thing I forgot. There is no talking to her. She doesn't respond to calls or texts and will not communicate with him in any way so even getting together with her and hashing out some kind of deal is out of the questions. She is pretending like all this is not happening.
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if she doesn't talk then there is concern this is not an amicable break-up, she has ~1 year to re-open a default divorce, here in cali anyway. She would have to provide a really good reason for her absence leading to the default judgement but that's not out of the question, she could then challenge the pension, if so inclined. We didn't have kids so I am unsure as to the custody issues. But if she has resources to re-open, I'd pursue looking into making sure my pension is protected.
I'd bet he is fine as is, I just know how ugly these things can get in a split second. Not saying this one will.