Divorce and Guns taken away

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ManBearPig - you're my kinda guy! I wish I could be like you. You're single and happy, instead of married and miserable like me.
 
Well I wouldn't mind settling down, but I won't do it without a prenup to assure if a divorced happened that I would be in the same boat I am now, which is fine. Most women hate prenups...but that's just the way it is. Like Diane Fienstien won't budge on the "assault weapon ban", I won't marry without a prenup. It's as simple as that.
 
As far as storing your guns go, do you have a friend who is a law enforcement officer? If so show him/her the order and let them store the guns for you. Imagine the Judge hearing that your guns are being stored responsibly by a Deputy Sheriff or Police Officer at your request in accordance to the order. As far as a lawyer goes get the best you can afford. As a former Private Investigator this is one time you need a cold blooded shark of a lawyer. One that is not afraid to go on the legal attack and make the other side prove you are a threat or make them sit down and shut up. If you can get a woman attorney that enjoys the shooting sports so much the better. In addition to the law a good portion of court room activity is perception. If you show up with a woman as your lawyer the Judge sees some one who is less likely to be a threat to women. Other than that do not lose your cool at any time outside your lawyer's office (lawyer client privalege), anywhere else and it could become a matter of public record.
 
Talk about laws in need of reform, thats utter BS and its sad any american has his rights violated for an absurd thing like someone else being afraid!
 
I feel for ya brother. I am currently in posession of 12 firearms for a friend that is in almost the same circumstances you're in. His TRO has been lifted but his lawyer says to stay away from firearms until the divorce is final.

Bad thing for him is that his wife accused him of abusing her and it got out of hand. No he didn't hit her just yelled at her. He got arrested.

Good thing for him is that she's a gready bitch and realizes that if he has to go to court all expenses come out of her pocket too so now she's working to have the charges dropped.

Do what your lawyer says. The court is not your friend.
 
Black Knight, that is not a bad idea, my friend is a FDO (Flight Deck Officer) so the LEO holding my guns might be a nice added benefit.
 
ManBearPig - I do hope you know prenups can and have been thrown out. Mine was a usless piece of paper once the judge excluded it. A prenup is never binding.
 
The total BS thing here is that there is no abuse or accusation of abuse of wife or children. I am a Hunter Safety Certified (even though I am too old for it to be required), and an Eagle Scout, have a 802 credit rating, no late payments on anything currently, a CHL holder in good standing, no history of drug, alchohol, or domestic violence arrests or issues and I still have my guns taken away. That is what pisses me off the most is that I am squeaky clean and the system still treats me like a criminal. The 2nd amendment means **** if a guy like me has my guns taken away just because it costs too much money and time to fight it. The American justice system sounds good until an upstanding citizen like me has to defend some frivolous charges. Disappointing to be a good guy and having to jump through the hoops I do and still have nothing. My wife and I were amicable until our split and then a bunch of BS accusations from her disarm me? Frustrated with our legal system. I am fighting with her about the dumbest things you can imagine, which is driven by her lawyer, and if you have never been through it you have no idea. Problem is I have no choice but to fight and piss away money or give up custody. Gun owners are frowned upon even by a conservative Texas court, unbelievable. Rant over.
 
"sell" them to a good friend for $100.00 and give her half that way they are gone and not an issue at the divorce.;)
 
I went thrue this several years ago -- so I feel bad for this time in your life.

However do not blow this one! Follow the order BUT make sure in the final documents it clearly states that you CAN own,posess and use with the children firearms! It MUST be worded specifically and not just implied.

Please! for your sake later down the road.

Federal farmer
 
If you're father in law has threatened you in any way you can get a restraining order put on him and then he'd lose his guns...just a thought

Out of curiousity Sweden, why was your prenup thrown out
 
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This may be off topic a little since no guns were involved. My sister and ex-brother-in-law got divorced in Tx and he thought he was smarter than the judge. He also thought he had rights. He attempted to exercise the rights he thought he had (freedom of speach), he got mouthy with the judge, and my sister got 2 houses, 2 cars, and 2 kids. My ex-brother-in-law got to pay all the legal fees and was granted visitation only after completion of an anger management program. He never went to the anger management program and as a result did not see his kids untill they reached 18 yo.

Follow the state slogan and "DON'T MESS WITH TEXAS".
 
Burl:

Google a bit...

There are advocacy organizations out there that are working to support and improve the rights of divorced fathers. As you have discovered, the legal system is often skewed in favor of women over men when it comes to domestic issues. This is largely because of many real cases of male abuse of women, and a not necessarily true belief that children, especially younger ones, should remain with their mother.

As a result, this is one of the few areas of jurisprudence where men are automatically presumed to be guilty until proven innocent.

It used to be that ex-husbands/fathers suffered in silence, but that’s no longer so. As you face this traumatic situation you can get moral support from others in the same boat who share they’re experiences – and solutions, counseling, critical information from professionals in the field and even legal assistance. Go look for it.
 
Boy, your story sounds a lot like mine. The now X-wife told her lawyer she was ‘uncomfortable’ with my firearms in the house, so she had the Sheriff’s department remove them. At the first hearing, after I’d moved out, the judge ordered they be returned to me because ‘uncomfortable’ wasn’t a valid reason to take my firearms. Her lawyer tried very hard to argue that I could become violent and wanted the judge to keep them, permanently. That didn’t fly though, and she (yes, a female judge) denied their petition. This is in the very liberal state of Washington too.

The deputy was impressed at how secure I kept them; locked in a hard case with two padlocks- and trigger locks on each. They also apologized for cutting both padlocks off the case. They took good care of them for the month or so that they had them too, no bangs or scratches or other signs that they messed with them.

The problem came later when I went to buy a new handgun. At that point, we still had mutual no-contact restraining orders. If you check YES to the restraining order question on the form, the gun shop cannot sell you the gun. If you turn the form over and read the explanation for that question, you will find that there has to be a finding by a judge of domestic violence or some wording to that effect. If anyone has the form handy, please let us know how that reads exactly. But anyway, if you read the explanation of the question, you can honestly answer NO and buy your firearm.
 
Burl, I don't have anything substantive to add. I just want to express my solidarity with you in this. You have been assaulted by the system and you've done nothing wrong (that I know of).

We say we live in a free country. This really is not true.
 
Burl, you mentioned that your wife has a lawyer. Be prepared to get the rail-roading of a lifetime if you decide to proceed without a lawyer of your own.
 
Burl, I don't know you, you don't know me.


But, please, trust me on this one thing.

Spend every penny you can afford, then a few dollars more, to get a good lawyer


You only get one "at-bat" in this game, and if you strike out, it's out for good.

Remember, the money that's spent paying for the attorney comes out of the "pot", so you'll have less to give her.




And remember, brother, the reason that divorce costs so much... it's worth it! :)

Best of luck, I promise you doves will exist next year.
 
As to the money question, all you need is the retainer, the rest is payments and as mentioned are well worth it.

If she's fighting dirty, you will need to fight every bit (and more) as dirty, even if it goes against your nature.
 
Let's start by saying I am getting them gone, but are Daisy Red Rider or Benjamin pellet guns considered "firearms?"
 
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