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Marital waste claim advice

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sleepless34 posted 6/26/2014 18:51 PM

Has anyone been successful with getting a marital waste claim?

My STBX had LTA and there are a lot of expenses I believe are attributed to the affair. My atty said it is the only place where cheating counts in a no fault state, but the burden of proof is on you and hard to get them to settle.

So, anyone have any strategies or advice. Please tell me. I gotta have something go my way in this shit show....

Thank you

Nature_Girl posted 6/26/2014 19:04 PM

I was able to recoup half of the outright cash that my ex gave to the OW. The gifts, hotel stays, dinners out, and living la vida loca, I didn't get anything back from that (and that amount was much more than the cash gifts). But the cash which he transferred from his bank account to hers? I got half of it awarded back to me.

I had to show the bank records, though. Also, he was compelled on the witness stand to admit to this.

risingfromashes posted 6/26/2014 20:00 PM

In my state it is called dissipation of assets. I subpoenaed his credit card records. My,oh my!!!
He sat there in the trial looking like a deer in headlights. Judge did not bother adding it up, just gave me 60% of marital estate. Most people do not know that this is not a 50-50 state because any other outcome rarely happens.

Phoenix1 posted 6/26/2014 20:24 PM

XPOS paid his first OW secret cash, under the table, child support for 15 years for OC#1 (she was/is married, hence the secrecy) to the tune of tens of thousands of dollars. While it falls under the legal definition of "unreasonable depletion of marital assets" in my state, I could not prove it so I could not recover. The burden of proof was on me. It truly sucks when you know about it but can't do anything about it. That does not include all the extra wining and dining done either. Bastard...

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