Jump to content
Welshcookie

Oh well....bye,bye pension

By Welshcookie in Off Topic

 Share

23 posts in this topic

Recommended Posts

Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
Posted

So after 3 years separation, $8000 of our money and dragging her heels over the divorce my SO's ex has decided to dismiss/amend her orginal divorce petition and ask for half his military pension, and under Texas law it is highly likely to be awarded to her. Of the 20 years of service he has, only 5 of them were spent married to her, no kids or property.....we have a mortgage and a child to bring up. I know she is really bitter about our relationship and I try to be understanding of that....but I feel so pissed and sad at the same time....I fear this is going to be an expensive bumpy ride.... :(

Ok...I'm done... :P

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

favweddingpic.jpgdancingwow.gifepic_warcraft_chick.gif

munchkins Proficient

munchkins   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Dawn, I am so sorry to hear this latest, it's one thing to split the proceeds of anything purchased between two people but I am dead against the "other half" receiving any of the pension rights if they have only been together a short time. Different if they had been married for 20 odd years and she had given up a career to bring up a family etc, that is so bad, she must be one hell of a B*****.especially after they have been seperated for nearly as long as they were married!!!

Rant all you want, hope it helps. Hugs to you anyway (F)

[The reason god put spaces in between your fingers was so another person's hands could fill it up.

CHERISH YESTERDAY, LIVE TODAY AND DREAM TOMORROW

Life is like a song... Sing it.

Life is like a challenge... Pursue it.

Life is like a sacrifice... Offer it.

Life is love... Enjoy it.

pax Proficient

pax   0

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

My knowledge of Texas-specific divorce law (or lack thereof) notwithstanding, it seems unlikely that your SO's ex would be granted half of his military pension if he acquired it over a period of years longer than their marriage and if they have no children. Your sweetie has a good attorney, yes? If not, he should get one at this point. Believe me, a good attorney will make all the difference in this case. You don't want one who will just look at case law and shrug.

How long have they been separated, if you don't mind my asking?

(has seen some ugly divorces)

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Welshcookie Mentor

Welshcookie   17

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Wales
 Timeline
  • Author
Posted
My knowledge of Texas-specific divorce law (or lack thereof) notwithstanding, it seems unlikely that your SO's ex would be granted half of his military pension if he acquired it over a period of years longer than their marriage and if they have no children. Your sweetie has a good attorney, yes? If not, he should get one at this point. Believe me, a good attorney will make all the difference in this case. You don't want one who will just look at case law and shrug.

How long have they been separated, if you don't mind my asking?

(has seen some ugly divorces)

She left in March '03 and filed for divorce a year ago but never went to finalize....we are looking for a lawyer as he wants to fight it but he doesn't hold much hope....

http://www.***removed***.com

http://britishexpats.com/forum/

http://www.myspace.com/welshcookie

favweddingpic.jpgdancingwow.gifepic_warcraft_chick.gif

MaryandMian Mentor

MaryandMian   1

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

I would get an attorney and try and fight this if you can. I am sorry she is being so ugly. I think the duration of the marriage, time of separation and no kids involved should help. Hugs,

Mary

Everything I respond to is from personal knowledge, research or experience and I am in no means a lawyer or do I claim to be one. Everyone should read, research and be responsible for your own journey.

aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted

Well, I hope Pax is right Welshie cause that sure does seem unfair. What a b!tch.

*HUGS*

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

raymaga Mentor

raymaga   25

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

I'm entitled to half my ex-husband's pension in Canada because we were married for 22 years, and I stayed home to raise 3 children while he ran a VERY successful business. But I am only entitled to the years that we were married, not anything he acquires from the time we separated til his retirement. I think that is fair, but the OP's situation is not fair.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

pax Proficient

pax   0

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

Yes, Rayma raises a good point. And if they've been separated for almost three years, I think that hurts your SO's ex's case even more.

Make sure he has a good attorney. Find one who specializes in divorce law in Texas. It's more important that you and your child have access to this money than his ex, from what you're telling us. Fight it!

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

almaty Grand Master

almaty   19

Posted
Filed: Citizen (pnd) Country: Kazakhstan
 Timeline
Posted
Sorry to hear it. Your SO's ex is a b!tch.

i agree arijit and a 1st class chopf##k //sorry welch cake

Peace to All creatures great and small............................................

But when we turn to the Hebrew literature, we do not find such jokes about the donkey. Rather the animal is known for its strength and its loyalty to its master (Genesis 49:14; Numbers 22:30).

Peppi_drinking_beer.jpg

my burro, bosco ..enjoying a beer in almaty

http://www.visajourney.com/forums/index.ph...st&id=10835

Chicky Explorer

Chicky   0

Posted
Filed: K-3 Visa Country: Australia
 Timeline
Posted

Most states will do it like raymaga and award based on the years they were married and what was accumulated then and will not give anything passed that. Keep your chin up and make sure to bring that up with your attorney :yes:

Emily (Me) American (Oregon) - Shane (Him) Australian (Adelaide)

I-130

July 21st, 2005 - Mailed petition

July 25th, 2005 - Petition delivered to Nebraska

August 2nd, 2005 - Petition received at CSC

August 3rd, 2005 - Mailed NOA1

August 5th, 2005 - Money order cashed!!!!

August 9th, 2005 - Received NOA1 via snail mail

January 18th, 2006 - NOA2

I-129F

October 19th, 2005 - Mailed petition

October 23rd, 2005 - Petition delivered to Chicago Lockbox

October 26th, 2005 - NOA1

December 1st, 2005 - APPROVED!!!!

December 12th, 2005 - NVC Received

December 15th 2005 - Petition left NVC

December 28th, 2005 - Received by Sydney

January 2nd, 2006 - Packet 3 Received

January 9th, 2006 - DS-230 Pt. 1 and Checklist sent to Sydney

February 28th 2006 - INTERVIEW!!!!

March 2006 - He's home!!!! :)

Our 2 year anniversary!!!!

.png

Our 1 year marriage anniversary!!!!

.png

almaty Grand Master

almaty   19

Posted
Filed: Citizen (pnd) Country: Kazakhstan
 Timeline
Posted
Most states will do it like raymaga and award based on the years they were married and what was accumulated then and will not give anything passed that. Keep your chin up and make sure to bring that up with your attorney :yes:

true..

Peace to All creatures great and small............................................

But when we turn to the Hebrew literature, we do not find such jokes about the donkey. Rather the animal is known for its strength and its loyalty to its master (Genesis 49:14; Numbers 22:30).

Peppi_drinking_beer.jpg

my burro, bosco ..enjoying a beer in almaty

http://www.visajourney.com/forums/index.ph...st&id=10835

pax Proficient

pax   0

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted
http://www.raggiolaw.com/txart05.html

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

Click on the "timeline" link at the left to view our timeline. And don't forget to update yours!

The London Interviews Thread: Wait times, interview dates, and chitchat for all visa types

The London Waivers Thread: For I-601 or I-212 applicants in London (UK, Ireland, and Scandinavia)

The London Graduates Thread: Moving stateside, AOS, and OT for London applicants and petitioners

all the mud in this town, all the dirt in this world

none of it sticks on you, you shake it off

'cause you're better than that, and you don't need it

there's nothing wrong with you

--Neil Finn

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

rebeccajo Grand Master

rebeccajo   14

Posted
Filed: Other Timeline
Posted (edited)

Yeah, even WV, with some rather arcane laws, only grants the pension up through the DAY THE PARTIES ACTUALLY STARTED LIVING APART.

Oh, and no offense to my dear friend Abby, but please don't ever rely on the info found on web law-sites (anymore than you should rely on 'legal advice' dispensed on VJ - lol).

Many of those sites contain outdated and erroneous information. I know she was just trying to be helpful.

Edited by rebeccajo
 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...