Reply to How to convince husband I am serious about divorce

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I want a divorce. I am exhausted from a really disappointing 5 year marriage with no kids, and I want things to unwind as simply as possible. We just bought a house in July using my pre-marital money as a down payment. DH does not contest this and agrees that since we have paid only a few mortgage payments as a couple that he has no problem walking away from the house. [b]I want him to leave the house, but he won't leave. [/b]Currently he is sleeping in the guest room. He does not believe I am serious about wanting a divorce.

Neither one of us wants to spend money on attorneys fees and we more or less agree to how we will divide assets. It's not very complicated without kids and separate retirement accounts.

What do I do next? [/quote]

The year clock doesn’t start ticking until you separate. Since he won’t do it you need a professional to help. 
You owe him half of the house equity and if your retirement account is more than his you owe him half of that amount.

You can start with a lawyer and then move to a mediator. If you agree on things you can continue with mediation. If not you will need a lawyer to do things. [/quote]

Stop it with the scare tactics.

He is not due half her retirement - it's only based on the portion that has accumulated since they have been married.

OP - the best advice is always contact a lawyer. You say you're serious - be serious. Something is making him think you are not. You need to shut that down. If you don't think you need lawyers (riiiiiiight) and that he's open to a cheaper, agreeable solution, then download a separation/divorce agreement from your local courts and fill them out and sit down for a review and signature. He will know you're serious then. If he balks at signing, then you're going to need to get a lawyer.

You can't force him out if you bought it together. And if you want to stay, you will have to "buy him out" but on the equity that's accrued since July. You may be able to re-coup your pre-marital downpayment (MAYBE) but that's when a lawyer would have to step in if he doesn't agree. There is still paperwork like deeds/loans/refinancing, etc. so again - if you are serious then make it known by getting the serious business started.[/quote]

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