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CA does not have any minimum separation time unfortunately. It just takes longer and costs more if we do the "real" D in court.

I looked it up online, you can file a 1040X for up to 3 years after. So all we have to do is do that, and I would be willing to do the work. He'd get that $600 he's so needing on time, I'd do the work on the refile, get the money direct deposited to me, and send him whatever extra he gets, approx $200. I don't see how that's a bad solution at all. Hopefully he'll agree.

I am also glad he has a job. I kinda wanted to ask why he's been looking for so long because he's always been the type to get any job if he needs it, but it sounds like he was being really picky about where he applied and that's why it took so long. He always used to say he's never looked for work for more than 3 days, it was something he was proud of. So in a way I'm happy for him, and on the other hand I'm not terribly sympathetic to the financial plight he put himself in because it's his spending and not getting a job that put him there.

Yeah, some of it with IM is definitely overlap. And I type faster than him since he never took a typing class and doesn't really touch type. But by the third time I responded to nearly the same question I was just like, huh?

He has always, verbally, maintained that he will never do anything to hurt me, but that this is necessary. Of course, we all know how well that really works since of course he's hurting me, a lot.


Michelle - Proud DR Rockette
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TX didn't have a minimum separation time either, and only a 60 day waiting period after filing. H filed, but then said when it came down to actually finalizing he just couldn't do it.

I wonder why he is being so picky about the job. You are right in not being sympathetic for his financial situations...I wish I could feel that way about my H.

Glad you figured that out about the taxes. I really need to do ours. We will file jointly because I can only deduct student loan interest if we do it that way...and also H has never done his taxes himself and has no clue.


Kris
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Lol. Wow, what a pair we are. I wonder some days if we aren't twins.

I'm not gonna call him unless he puts this off and doesn't contact me by tomorrow morning. Hopefully he finds the same info I did. And hopefully he can see my point of view and will let me refile. I suppose if he wants to, he can do it, but you have to refile on paper, and he only did his own taxes with turbotax and e-file. To quote him, he just put in the numbers it asked for lol. That's not much more than I do now, so I'm not trying to put him down. I just found it a bit amusing (underneath my absolute fuming at the thought that he might have screwed me out of $550 without even bothering to talk to me about it).


Michelle - Proud DR Rockette
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Hopefully he will call. I don't see any reason for him not to work with you on the refile, he will still get his money when he needs it. The problem is going to be getting what you need from him to file. You may have to hound him about that, but for $550 I wouldn't really care if I was bugging him!


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Turns out all I need from him is a copy of the return he filed. I don't need his W-2s or anything. All I need to do is add my W-2s and the tuition write-offs. Since he did it with TurboTax, he might even have a PDF file he could e-mail me. Or, it might be the time to get together for lunch finally. *shrugs*

I don't see any practical reason for him not to work with me either since it would get him more money back and wouldn't slow down his current return. Emotionally/mentally, I'm not sure what he thinks about all of this. Plus there's the OW factor. We shall see I suppose.


Michelle - Proud DR Rockette
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Good, hopefully it won't be hard to get that from him. ...I think you have inspired me to do my taxes tonight!


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I still need his cooperation to do this. I am feeling very much at his mercy right now. Which I think actually will help since he doesn't want to be seen as the "bad guy" in all of this. So hopefully he will do me this "favor". I think on my part, when we talk I will make sure we have the same facts and ask him if he wants me to do all the legwork. And I'll remember to say "thank you" a lot.


Michelle - Proud DR Rockette
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Hi Michelle..I'm sorry you had such a disappointing discourse with your H on IM! It sounded a bit...like he was fed up, or something, he didnt sound that happy? Its hard to tell, but you are right, whereas you sounded upbeat, he kept referring to taxes and evading any real conversation between you. Perhaps he still feels guilty and finds it hard to speak with you? Is this not his typical way of conversing with you,before he met the OW?

At least he relented and agreed to the refile, which is good. Shame that he mentioned the dissolition settlement, I guess thats to do with the D is it? This must be hard for you..

Ali x
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Me:40! H:37 Together: 12yrs
IDLY & left 11/07 ADs 03/08 OW 8/08
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No call from H last night. Called him at 9:52 this am, left him a message saying I just wanted to see what he found out about refiling, hope he is doing well, talk to you soon. H called back at 10:25 saying he has a midterm starting at 11 and can he call me tonight. We'll see what happens.


Michelle - Proud DR Rockette
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Ali,

In CA there are two "types" of D. Summary dissolution is for couples married less than 4 yrs, with less than $3k of debt. I think we don't qualify because of his car loan and our student loans, he does. If we do the summary dissolution, we both have to sign it and there is no lawyers or court involved and it finalizes in 4 months.

If I refuse to sign it, which I have, he has to file in court, deal with all of that, and then the D will be finalized 6 months and 1 day after the final court date.

He has been pushing me to sign a summary dissolution off and on now for some time because he wants a quick and easy way out. He doesn't believe that I won't sign it because I don't want a D, rather he told me I am only doing it to make him miserable, drag out the pain, and put pressure on him and OW's "relationship".

He has not actually agreed to the refile, although I suspect he will. Hopefully he actually calls me tonight.


Michelle - Proud DR Rockette
S: 28JUL07, D'd: 29OCT09
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