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Newest Member: MrsB (61169)

User Topic: Marital waste claim advice
♀ 40274
Member # 40274
Default  Posted: 6:51 PM, June 26th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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

Me BW- 40ish, awesome
Cheating scusband 40ish
2 kids, elementary school age
Bomb dropped Aug 4 out of nowhere...

Posts: 446 | Registered: Aug 2013 | From: Hell
♀ 32554
Member # 32554
Default  Posted: 7:04 PM, June 26th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.

Me = BS
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!

Posts: 10722 | Registered: Jun 2011 | From: USA
♀ 3903
Member # 3903
Default  Posted: 8:00 PM, June 26th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.

There is a wonderful life on the other side of hell.
After litigation, lawyers and courtrooms, I went back to school and recieved my Masters in Conflict Resolution. Now a Mediator helping people avoid what I went through!

Posts: 2113 | Registered: Mar 2004
♀ 38928
Member # 38928
Default  Posted: 8:24 PM, June 26th (Thursday), 2014View ProfileEdit MessagePrivate MessageHomepage

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...

BS - Me
Xhole - Multiple LTAs/2 OCs over 20+yrs
Kids - 2 adult DDs - DS20 Deceased
Happily divorced!

~Indifference - Because some people do not deserve your emotions.~

I edit often because my tablet is possessed!

Posts: 4796 | Registered: Apr 2013 | From: Land of Indifference
Topic Posts: 4

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