Member's Blog > Gentlebreeze2016's blogs > Divorce Saga-True Story
Divorce Saga-True Story Sort by:
Members Only
Posted on Fri, Jul 14, 2017 03:57 AM

A man after 22 years of marriage discovers by chance that none of the 3 children he raised were his.  His wife had a part time lover  and had all three children by him.  The man mentally lost it but after years of counselling and prayers is back on his feet and obviously filed for divorce.  The wife in the divorce settlement requested for 50% of the man's assets but the court refused citing deceit, fraud and other legal terms I can't remember.  Still they granted the wife a fair deal to keep her happy.

 

Fast forward a year on and ex wife is back insisting on 50% of her share of ex husband's assets with a particular interest in a property in a very affluent part of town which I am presuming she has already worked out the yield to be more than enough to look after her in her old age.  So far the children have not featured in the divorce wranglings as far as I am aware though they are of age.  

 

Is the woman entitled to the 50% claim?

Does the deceit nullify her entitlement?

 

Just curious 



Carpe diem

2 Likes Reply / add comments Quote | Report Bookmark and Share
Follow - email me when people comment
Members Only
Posted on Thu, Jul 20, 2017 02:50 PM

I thought so too that how could he have been so oblivious for all these years. I concluded maybe he trusted her whole heartedly. He has finally moved on and in a new relationship. Thanks for clarifying the issue of entitlement.


Carpe diem

Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Mon, Jul 17, 2017 04:51 AM

Quoting Gentlebreeze2016:

@Maryclaire I really hope the man is able to look past the mistake of the lady and maintain a relationship with the kids.  It is hard to say at the moment I think as the focus seem to be on the sharing of assets.  At no point did I read the lady still wanting a relationship between her kids and the man.  Thanks for comments


 

@GENTLEBREEZE , 

 

Nope , the husband had made the decision...he left the Woman

and the Country..

 

What we all don't know , Law and Justice are flexible ..we just must have a good and plausible reasons and a good Lawyer ..



Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Sun, Jul 16, 2017 08:01 AM

Quoting Maryclaire2000:

 

@GENTLEBREEZE ,

 

As far as I know , women are always entitled to a certain Percent of the claim but her deceit will not remain Unseen. 

In some cases DNA are being asked to prove ..

 

I know of 1 case wherein the husband have found out he was

cheated by the Woman but then he Love the Girl as his own so

he Continue to Support for that Child until he died ..his reason

was , Children can not be blame for the dumb mistakes of the 

Mother..



@Maryclaire I really hope the man is able to look past the mistake of the lady and maintain a relationship with the kids.  It is hard to say at the moment I think as the focus seem to be on the sharing of assets.  At no point did I read the lady still wanting a relationship between her kids and the man.  Thanks for comments



Carpe diem

Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Sun, Jul 16, 2017 07:58 AM

Quoting Entrepreneurs:

It really depends on local state law. 

Anything decided in a lower trial court (Family Division in this case) can be appealed if loosing on appeal, next step would be the State Supreme Court. If recieving any adverse ruling, appeal it immediately there's only so many days before a ruling cannot be appealed. You can be selective, certain rulings/court orders and appeals on such can nullify subsequent rulings. Even the DOM can be appealed. Again state law matters as far as the civil rules of procedure. So does the applicable precedents which are narrowed down to districts. Statutes are also different in each state.

 

In some states if the person has raised a child as his own it is considered his regardless of DNA and can move for Sole Parential Responsibility, make a motion to Modify to Become Primary Parent and so forth, majority timesharing even if "50/50" ends up being dedicated to as such 51% / 49% after having majority time sharing for some time, let's say 6 months, motion to relocate can be done for anything above 50 miles and less than 120 or 150 miles (again depends on local state law) and timesharing subsequently will get decreased to appx 20% for the other party and primary parent Wil have 80% majority time sharing...

 

Child support can be demanded both ways depending on who is primary. May be different in each state.

 

Unless it doesn't matter that you've raised the children as yours and you drop them cold, which isn't fair to the children.

I am also not saying it is fair to the children if you become the hostile parent if the mother has been their primary care provider.



@Entrepreneurs  thanks for the detailed breakdown of your response.



Carpe diem

Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Sat, Jul 15, 2017 02:38 AM

 

@GENTLEBREEZE ,

 

As far as I know , women are always entitled to a certain Percent of the claim but her deceit will not remain Unseen. 

In some cases DNA are being asked to prove ..

 

I know of 1 case wherein the husband have found out he was

cheated by the Woman but then he Love the Girl as his own so

he Continue to Support for that Child until he died ..his reason

was , Children can not be blame for the dumb mistakes of the 

Mother..



Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Fri, Jul 14, 2017 03:00 PM

It really depends on local state law. 

Anything decided in a lower trial court (Family Division in this case) can be appealed if loosing on appeal, next step would be the State Supreme Court. If recieving any adverse ruling, appeal it immediately there's only so many days before a ruling cannot be appealed. You can be selective, certain rulings/court orders and appeals on such can nullify subsequent rulings. Even the DOM can be appealed. Again state law matters as far as the civil rules of procedure. So does the applicable precedents which are narrowed down to districts. Statutes are also different in each state.

 

In some states if the person has raised a child as his own it is considered his regardless of DNA and can move for Sole Parential Responsibility, make a motion to Modify to Become Primary Parent and so forth, majority timesharing even if "50/50" ends up being dedicated to as such 51% / 49% after having majority time sharing for some time, let's say 6 months, motion to relocate can be done for anything above 50 miles and less than 120 or 150 miles (again depends on local state law) and timesharing subsequently will get decreased to appx 20% for the other party and primary parent Wil have 80% majority time sharing...

 

Child support can be demanded both ways depending on who is primary. May be different in each state.

 

Unless it doesn't matter that you've raised the children as yours and you drop them cold, which isn't fair to the children.

I am also not saying it is fair to the children if you become the hostile parent if the mother has been their primary care provider.



Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Fri, Jul 14, 2017 01:49 PM

Quoting rmac22:

At one time the law was if your wife had a baby it was yours.  Practical as absolute proof was not available. 

 

Also practical as babies sometimes look like combination of further back ancestors not parents. 

 

Now with DNA checks don’t know if the law has changed. 

 

Good grounds for divorce though.  Pretty conclusive proof of infidelity.  Usually infidelity puts guilty party in poor bargaining position. 

 

No longer is infidelity considered illegal as in punishable by law.  Most places at least.  Sometimes old law is laying around, but not used.  Dangerous in sense that it still can be if pulled up by some overzealous prosecutor. 



My eyes are widely open following how the court of appeal will deal with her claim second time round.  Will keep bloggers posted.



Carpe diem

Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Fri, Jul 14, 2017 01:47 PM

Quoting Leenz777:

She isn't but the kids only knowing him as their Dad (if that's the case) then he only knows them as his kids. she deserves NOTHING!


@Leenz777, there has been no mention of the kids so far but I hope they and the man can look past the situation and still relate as father and kids.  All I can say is the woman is brave to resurface after a year still demanding her 'pound of flesh' after her deceit.



Carpe diem

Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Fri, Jul 14, 2017 01:45 PM

Quoting funtimes0007:

If he owns a gun, hell yeah! :)

First of all how he couldn't tell they were not his kids? first few months I can understand but afterward, it should become very obvious, let alone pop 3...



Hmm hmm hmm a very difficult one to answer; maybe trust?



Carpe diem

Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Fri, Jul 14, 2017 08:34 AM

She isn't but the kids only knowing him as their Dad (if that's the case) then he only knows them as his kids. she deserves NOTHING!


Like Reply / add comments Quote | Report Bookmark and Share
Members Only
Posted on Fri, Jul 14, 2017 07:50 AM

At one time the law was if your wife had a baby it was yours.  Practical as absolute proof was not available. 

 

Also practical as babies sometimes look like combination of further back ancestors not parents. 

 

Now with DNA checks don’t know if the law has changed. 

 

Good grounds for divorce though.  Pretty conclusive proof of infidelity.  Usually infidelity puts guilty party in poor bargaining position. 

 

No longer is infidelity considered illegal as in punishable by law.  Most places at least.  Sometimes old law is laying around, but not used.  Dangerous in sense that it still can be if pulled up by some overzealous prosecutor. 



Like Reply / add comments Quote | Report Bookmark and Share
Follow - email me when people comment