Who gets what in divorce

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Latest post 12-11-2012 2:24 PM by alysandir. 7 replies.
  • 12-11-2012 12:48 AM

    Who gets what in divorce

    Been married about a year, the spouse previously cheated on the husband while he was serving his country overseas. The wife gave the engagement ring back to the husband but is now demanding it back. It is valued at over $4000.

    Is the spouse that cheated (have proof she did so) obligated to receive anything out of this marriage? Planning to file a no fault divorce. State of West Virginia

    What if she doesn't show up to submit her reply to the divorce? Then what happens?

  • 12-11-2012 1:03 AM In reply to

    Re: Who gets what in divorce

    Spouse did forgive the wife for cheating, and he tried to work things out with her. She decided that she did not want to work things out, and she is now living out of state.

  • 12-11-2012 6:41 AM In reply to

    Re: Who gets what in divorce

    In most states, wife is entitled to engagement ring once there has been a marriage;  ie- wife is entitled to engagement ring.

    She would be entitled to the same marital property  she would have been entitled to if the marriage was ending for any other reason.

     

  • 12-11-2012 8:24 AM In reply to

    • Drew
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    Re: Who gets what in divorce

    Then again if wife made a voluntary gift of some ring to hubby it would now be hubby's? But the long run costs to prove a point may not be worth it?

    The parties could address equitable split of assets acquired during the marriage time (but not before).

    The courts probably do not care who slept where --adulty is a rather non legal issues most places. (Matters in a few --but if you go there it probably is not going to be cost effective if the real goal is to cut the ties...)

    You need to properly follow all the steps until the divore gets dissolved---1/2 way doesn't count.



  • 12-11-2012 11:07 AM In reply to

    Re: Who gets what in divorce

    I am not a lawyer, but here's what I know.

    Generally speaking, if they are married, the engagement ring was given to the soon to be wife in expectation of marriage.  It sounds like that part happened.

    So I think wife could keep it, cheating or not.

    However, if she handed it over, that might be different.  

    I don't know how things are in West Virginia, and I could be wrong, but I doubt anyone cares if she was the village whore.  

    What makes you think she won't show up?  

    In my humble opinion, the woman cheated and gave back her engagement ring.  If it were me, $4k would be a small price to pay to be done with her.  I'd probably hand her the ring, get the divorce, and that's the end of her.

    But that's just me.

     

  • 12-11-2012 11:54 AM In reply to

    • Drew
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    Re: Who gets what in divorce

    IF I were to return ring I'd do so after all the other steps get done?



  • 12-11-2012 12:51 PM In reply to

    Re: Who gets what in divorce

    cutepie132:
    Been married about a year, the spouse previously cheated on the husband while he was serving his country overseas. The wife gave the engagement ring back to the husband but is now demanding it back. It is valued at over $4000.

    Sounds like you're the husband.  Correct?

     

    cutepie132:
    Is the spouse that cheated (have proof she did so) obligated to receive anything out of this marriage?

    As phrased, the answer is obviously no, but I doubt you really meant "obligated to receive."  I suspect you meant entitled to receive, in which case the answer is yes.  Marital property (which is generally property acquired during the marriage) gets divided in a manner that the court determines to be equitable.  With such a short marriage, that probably will mean 50/50.  The court might consider the wife's infidelity, but it probably would not be a significant consideration (particularly in light of the very short duration of the marriage).

     

    cutepie132:
    What if she doesn't show up to submit her reply to the divorce? Then what happens?

    Then all matters will be decided solely based on the papers submitted by the husband.

  • 12-11-2012 2:24 PM In reply to

    Re: Who gets what in divorce

    To me, she made a gift of the ring to the husband. She does not have a leg to stand on. You can't give a ring to someone and then demand it back.

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