Anyone knowledgable about divorce proceedings? PIOG
My brother-in-law (48) is one of the sweetest men that I know. Too sweet actually, and he gets walked all over. He was married to a woman for 17 years, she cheated on him a few years ago and she filed for divorce. He ended up giving her everything she asked for, including $700 month for child support for their 15-year-old and continuing to pay for their mortgage.
He moved to a different state 5 years ago, to be closer to us because he couldn't afford to live on his own after that divorce. While he was living with us he met another woman, "H", online and even though everyone in our family thought she was a rude and disrespectful woman, he ended up marrying her. This was 4 years ago. He was "in love" and just thought that we all misunderstood this crazy woman. She has a daughter who will be 18 at the end of this month. Well...my brother-in-law and H haven't really got along at all since they got married, mostly because she's not nice to him at all. She's lazy, won't work, while he worked 3 jobs almost their entire marriage.
Tonight my brother-in-law was served papers. Not just divorce papers, a restraining order as well. H filed paperwork to keep my brother-in-law away from her as well as her 17-year-old daughter, who my brother-in-law is very close to. The daughter texts and phones him all the time and talks to him more than her own mother, who she never really got along with. The daughters real father isn't in the picture and she has called my brother-in-law "Dad" for the past 3 years. H is also claiming that my brother-in-law didn't want her to work while they were married, so she's asking for $1,500 a month in alimony. He works 2 jobs right now but his take home is only about $2300.
H's
family thinks she's crazy. Legitimately. They all love my
brother-in-law and in fact he is living in a trailer on the property of
one of H's brothers. H is one of four children and is the only one who
wasn't given direct access to an inheritance that was left to the kids
after their mother died. One of H's brothers has control of her
inheritance money and gives her a set amount every month. One of her
family members thinks that she has been going to a women's shelter and
telling them that she's in an abusive marriage, to get help with the
divorce papers and the restraining order. This is her third marriage and
she was supposedly abused by the first two men. The last one she
divorced and got $20,000 from him as part of the divorce settlement.
She's an evil vindictive person. H listed her brothers wife as the only
person who could "mediate" between my brother-in-law and H and her
daughter, in regards to the restraining order. The brothers wife thinks
she's crazy and called the daughter to let her know what was happening,
and to let her know that if she texts her dad, my brother-in-law, then
he can't answer her. The daughter started crying hysterically and then H
was in the background yelling at her, saying that she shouldn't care
about her dad any more because he was no longer going to be in their
lives.
I'm just wondering if anyone has any experience with alimony and/or restraining orders. Do you think that someone would be able to get $1,500 a month for alimony if the other person only makes $2,300 and they were only married for 4 years? The alimony request is for two years also. They don't have any kids together and live in an apartment. We are also in Oregon, if that matters.
Thank you for any help/advice...
http://www.divorcenet.com/states/oregon/or_faq07
ITA...your BIL needs to lawyer up and not agree to anything. Its a shame he can't just get the marriage annulled.
Thank you for the link!
We are going to help with a lawyer because my BIL doesn't make that much. H was working as a maid when they first got married but she complained that she didn't see her daughter often enough, so my BIL got a third job to help supplement their income. She did try to get another job last year, and worked at it for 3 days, but then said that it was too hard for her to "get going" in the mornings so she quit.
Unfortunately, I know that none of her family will try to get her commited or anything like that. They all think she's mental, but not enough so that they think she's a danger to her or her daughter. To me, it's a fine line. It just makes me sick that she's making things up just to try and get money out of him.
The only lawyer that was able to meet with him today ended up calling him back an hour after making the appointment, to say it would be a conflict of interest and that he couldn't represent him. Basically H has already retained that lawyer. BIL tried contacting other lawyers today but got voicemails, or was told that the lawyers had too many cases right now. Apparently there aren't a lot of divorce lawyers in Bend so we're trying to stay positive and hopeful that he will find someone soon.
Well, my BIL talked with a lawyer last night and he's even more bummed now. He can get the restraining order lifted, no problem, but the lawyer said H can drag this out if she wants and he thinks it would be in my BIL's best interest to settle. Apparently she did this same exact thing to her last husband and ended up getting a $20,000 settlement just so she would leave him alone. I'm even more pissed now! This just doesn't seem right at all!
Texas is not an alimony state so I can't help you there but it seems unrealistic to believe they she'll get 1500 a month. But again...I have no idea.
Any way to approach this without sounding like I'm going to rip his head off?
- GirlieGal76
on Jan. 3, 2013 at 1:12 PM