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How to keep my guitars in my possession


DarkHorseJ27

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I haven't read all the post but a lawyer will cost you a lot more than the (guessing) value of your guitars and if you both can settle without lawyers you'll be ahead even if she does get more than her share.

 

You might check and see if the "alternative dispute resolution" is available to you in your state which is way without having to get a lawyer involved.

 

But if they were yours prior to the marriage she shouldn't be entitled to them anyway.

 

My 2 cents anyway.

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Leave your guitars with a friend until this thing blows over. Changing the locks won't keep her out of the house if she really wants in. It takes 1 second to break a window.

 

Hire a lawyer and go after everything she has. A good offense is a good defense. :thu:

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Don't take your legal issues to public forums (or fora, or whatever) - not only is the advice you'll receive likely bad, but it's not confidential and can easily be printed up and used as Petitioner's Exhibit FF demonstrating Respondent's efforts to hide his assets.

 

Good point.......it is a wise man who plays Carcassi Etudes.

 

;)

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These might help. And it includes listings of lawyers. Just enter your zip code. Both also cover Iowa Divorce Laws. God Bless M8. You are in our prayers. It's not going to be fun, but it might be later, looking back on it. Most lawyers will do a consultation so you have a better idea what is what. If you mention this forum they might just tell you not to come back (here)!

 

http://www.divorcenet.com/divorcenet_2/states/iowa

 

http://www.divorcesource.com/IA/index.shtml

 

and I'm NOT going to post this multiple times. I'lll let Misha or Riff do that for me.

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....and another thing -

 

5. Go to the local post office, rent a box, file a forwarding request to send all mail addressed to your apt to the box.

 

6. Open a new checking account in a different bank than you've been using, and use the PO box for your address.

 

7. Have new account numbers issued for all your credit cards, and change the address to the PO box.

 

8. Get a new phone number.

 

9. Don't ask for advice from people on guitar boards.

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....and another thing -


5. Go to the local post office, rent a box, file a forwarding request to send all mail addressed to your apt to the box.


6. Open a new checking account in a different bank than you've been using, and use the PO box for your address.


7. Have new account numbers issued for all your credit cards, and change the address to the PO box.


8. Get a new phone number.


9. Don't ask for advice from people on guitar boards.

 

 

Number 9, number 9, number 9...

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I haven't read all the post but a lawyer will cost you a lot more than the (guessing) value of your guitars and if you both can settle without lawyers you'll be ahead even if she does get more than her share.


You might check and see if the "alternative dispute resolution" is available to you in your state which is a way without having to get a lawyer involved.


But if they were yours prior to the marriage she shouldn't be entitled to them anyway.


 

 

This is sensible advice. And I AM a lawyer.

 

If she has already lawyered up, you have no choice, however, but to get your own counsel. Call the bar association for your community to get a referral.

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My brother is a lawyer (give him a call). On a serious note there is a lot of good advice given to you on this forum. I personally don't think your wife really gives a {censored} about your guitars so don't worry about.The best advice given is "Grandma called and want's her 335 back". Lawyers tend to think about money money and don't necessarily have their clients best interest at heart - do as much as you can without a money hungry lawyer (yes I know my brothers is a lawyer, but he is one of the good ones).

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This is sensible advice. And I AM a lawyer.


If she has already lawyered up, you have no choice, however, but to get your own counsel. Call the bar association for your community to get a referral.

 

so, if you are a lawyer then you know that it is helpful to get the background information before rendering a decision. there is a lot of history and background on this one, and it is not pretty. and it involves a lot more than a few guitars.

all of which makes this really crappy advice.

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Anyway, you can give em' to a friend until it's all over with, have him give you, say $1 buck for each so it's a legal sale then later, you can buy em' back for $1 buck. Hope everything turns out well for ya' pard.
:thu:

 

^^ Case in point. This is advice to commit fraud. I would wager that a decent divorce lawyer would advise you not to do so, as would a decent criminal defense lawyer.

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Yes, it's best for you stand by your principles and make use of the services of a lawyer.

 

With regard to fraudulent activity surrounding "disposal of possessions", much depends upon whether goods or possessions were bought jointly or singly prior to your relationship and marriage.

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Yes, Darkhorse, it's still a mystery here about when you acquired your various guitars. People are giving you all kinds of advice without really knowing what's necessary.

 

Securing your guitars is your number one priority, regardless. Take pictures and right down serial #s, etc, in case they do get taken by you know who, or anyone else for that matter. Make note of any distinguishing marks to better identify them, if necessary.

 

If you got 'em all before you were married, there's nothing more you need to do.

 

If some, or all, of them were acquired during marriage, then look for a trade-off, where she gets something else and you get to keep the guitars. But don't try to sell them for $1. That would be being deceitful.

 

This is common sense. However, at least consult with an attorney so you will have a better idea of what your rights are and what to expect.

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So very true.


The best advice is to be above board and honest. Lawyer or not. Don't give anyone any reason to believe you are being dishonest or deceitful.

 

 

 

Michigan courts agree. There is caselaw in Michigan, that if it is discovered a party has hidden/failed to disclose assets, the entire value of the asset may be awarded to the other party in the trial court's discretion.

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Another thing I should add, as a former paralegal who has worked on many family law matters......

 

If you do take "bad" advice or act rashly, your legal fees will be even higher because your lawyer will have to expend time and effort to straighten out any messes you make. Damage control does not come cheap.

 

So, my friend, the sooner you obtain competent legal representation, the less it's going to cost you in the long run.

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so, if you are a lawyer then you know that it is helpful to get the background information before rendering a decision. there is a lot of history and background on this one, and it is not pretty. and it involves a lot more than a few guitars.

all of which makes this really crappy advice.

 

 

 

No if involved.

 

I didn't give any advice other than to seek out the local bar association for a referral. I commented on someone else's accurate "advice" that the cost of a lawyer often times exceeds the amount of money involved in the marital estate.

 

The OP's financials are his to know. Assuming the property/money at issue is low, at this point, your well intentioned, but reflexive advice to hire a lawyer, is often perceived by the consumer as impractical. In this low value estate scenario, your advice to automatically get a lawyer is crappy.

 

Divorce mediation is an option and can save consumers a bundle. http://library.findlaw.com/2000/Aug/1/129039.html

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Don't mean to be a stick in the mud... But the best way to avoid a punch is not be there in the first place...

 

Marriage is in fact the primary cause for divorce...

 

and if you're in a common law state.. Cheaper to pay her rent at her own apartment.. or toss them out at 5 months and 29 days intervals..

 

 

 

 

 

 

 

 

I best be quiet - my prejudice against relationships is rearing it's ugly head...

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In/re bank acct. In My State, you may do so, however, until distributed funds may be Marital assets. You may move them only to maintain them as custodian and protect them from wastage, not to convert them or for personal use. This was done on Attorney's advice with a Court Order. In My State, a divorce cannot be granted until the parties have been separated for one year. Should this be so, better get started. If I Recall, In My State going through a mediation process is also mandatory.

 

There has been some good advice here, and some very bad advice. The good starts and ends with get a lawyer. The bad can get you into serious trouble. You can't tell the difference without a LAWYER. Please, please, please, next time you post, tell us you at least went to a consultation.

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No if involved.


I didn't give any advice other than to seek out the local bar association for a referral. I commented on someone else's accurate "advice" that the cost of a lawyer often times exceeds the amount of money involved in the marital estate.


The OP's financials are his to know. Assuming the property/money at issue is low, at this point, your well intentioned, but reflexive advice to hire a lawyer, is often perceived by the consumer as impractical. In this low value estate scenario,
your advice to automatically get a lawyer is crappy.


Divorce mediation is an option and can save consumers a bundle.

 

and you interpolated "automatically" which I never said.

As I stated, there is a lot more involved here. Believe me, I avoid lawyers as much as I can.

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