"Professional" musician?

Larry Bressington · Post by **Larry Bressington** » 27 Jul 2009 11:26 am

Seems like a lot of work for a divorce, sighn the papers and kiss her ass goodbye! GONE!!

LJ Eiffert · Post by **LJ Eiffert** » 27 Jul 2009 1:36 pm

Now I know what a circle of wind is! A 4 - some.

Leo J.Eiffert,Jr.

Mike Winter · Post by **Mike Winter** » 28 Jul 2009 6:01 am

Joachim Kettner wrote:Mike, I don't know if this is the right time to say it,
but I think your band is great!!!

Thanks, Joachim...it's never a bad time for a compliment!

Barry Blackwood · Post by **Barry Blackwood** » 28 Jul 2009 6:11 am

If your primary financial support is your music, you are a musician.

If your primary financial support is your wife's job, you are a professional musician.

Mike, you're the best!

Mac McGhee · Post by **Mac McGhee** » 28 Jul 2009 11:44 am

Mike: Each state has it's own laws concerning the division of property. I read a post that the judge don't divide property it is a civil matter. This is true to a point. Most states now have a mediator who will sit down with each side and determine who wants what and come to agreements. Should this prove not successful then it will go before the judge and he will make the findings.
The judge can rule to sell all properties and then the divisions are made. However, all thing that you or your spouse has to substain a living will not be considered. Autos are normally excluded from the list of items to subtain a living. Where many people make a mistake is to have a lawyer for the other side threaten them and they give in. My advise would be retain a lawyer and only use him if you have too.
This will save you a bunch of bucks.

David Doggett · Post by **David Doggett** » 28 Jul 2009 3:24 pm

Yes, states have different laws regarding divorce settlements. The way the mediation thing works here is that the two parties agree on and hire a mediator. the court has nothing to do with this. It can be a money saving option, because mediators are much cheaper than lawyers. The couple will have one or more sessions with the mediator to try to come to an agreement on property division, child custody and support, alimony, etc. Once they have an agreement, the person filing the divorce hires a lawyer to do the filing and present the agreement to the judge. Possibly an individual could do this filing without a lawyer, if they could figure out the proper procedure. The judge will usually just rubber stamp the agreement, but could conceivably require changes in it.

One problem is that the mediator is not a lawyer. My mediator gave me some bad advice that required lawyers to straighten out later. So I'm not sure it wouldn't have been just as cheap to skip the mediator. If one or both parties cannot agree with the mediator's suggestions, then both parties have to get lawyers and let them hash it out. Even if there is good agreement, it is a good idea for both parties to have a lawyer look it over to be sure it is appropriate and will not cause problems later. If the lawyers cannot arrive at an agreement acceptable to both parties, then the judge has to decide the differences.

So the mediator may save some lawyer time, if it is a simple situation and both parties are reasonable and agreeable. But if one or both parties are unreasonable, it goes to the lawyers and the judge anyway. So the mediator could end up just an additional expense on top of the lawyers and court costs.

Alan Brookes · Post by **Alan Brookes** » 28 Jul 2009 4:41 pm

Does your wife know how much gear you have ? If you have more than three or four instruments I guarantee she won't have much idea. Put them in storage or move them to a friend's house. Move your most valuable items out of the house, and leave just cheapo stuff around.

Does she have any life insurance on you ? If so, sleep lightly...

Roual Ranes · Post by **Roual Ranes** » 28 Jul 2009 6:45 pm

Just remember you are in an all out WAR. The other side will do anything they can to win.........no holds barred.

Robert Harper · Post by **Robert Harper** » 28 Jul 2009 7:39 pm

I think you should remeber it isn't called the Legal Forum

Tommy Shown · Post by **Tommy Shown** » 28 Jul 2009 9:53 pm

I also remember when I divorced my first wife, on the paperwork it asked about some of the property I had acquired, I put down my equipment,and I told my divorce lawyer that I acquired it before I was married. He then told of a case he had that involving a musician here locally that had his ex sell and pawn his gear. You can't win
Tommy

Bo Borland · Post by **Bo Borland** » 29 Jul 2009 2:45 am

In any divorce case it can and most likely will go from amicable to all out war at any time.
Try to make a property settlement prior to going before a judge and try to avoid going before a judge at all if you can.
The judge has complete and total control of your life once you are in his court and once he makes a decision your rights go out the window.

Also remember that your lawyer is working for himself not you. It is in his best interest to inflame the situation and prolong the case.
Protect yourself and your property.

Jim Cohen · Post by **Jim Cohen** » 29 Jul 2009 6:12 am

(deleted)

Alan Brookes · Post by **Alan Brookes** » 29 Jul 2009 6:54 am

If your wife Googles your name she'll find this topic.

Pete Burak · Post by **Pete Burak** » 29 Jul 2009 8:15 am

Eric West wrote:
...Call Pete, like I think I said earlier in the year. He wont' work for free, but he'll finance about any amount...

EJL

Must be some other Pete (Pete who, Eric?... I'll call him, too!)... I play for free anytime... and pay cash on the barrelhead for everything but the house.

Mike, This Sunday, Aug 2, 1-5pm at the Edgefield... Our yearly Garcia Birthday Bash!

Tommy Shown · Post by **Tommy Shown** » 29 Jul 2009 8:13 pm

Mike I want to apologize on the bankruptcy chapter 7. It appears that I was in error the other night on my thread in that matter. I went and talked to my attorney today and she said that in the chapter 7 you may be able to keep some assets of the property.
Again sir I humbly apologize.
Tommy

Mike Winter · Post by **Mike Winter** » 29 Jul 2009 8:42 pm

Again, I want to thank everyone for their responses. This thread took a bit of a turn...my original question regarded the legal definition of "professional musician."

Also, thanks to some local boys who chimed in: The notorious Eric West, the suave and sophisticated Ray Montee, and my favorite ex-band member and fellow Deadhead...Pete Burak. I'll see if I can get a date and see you at the Edgefield. Stay cool in this heat.

Frank Parish · Post by **Frank Parish** » 29 Jul 2009 11:09 pm

The best advice I've seen here is Ray Montees as I just went through this stuff two years ago. I just made a deal with her and told her to write out what she wanted and I filed it with my attorney. She didn't have one and I was glad of that! Remember this, when you get two attorneys together to "litegate", they'll "litegate" everything there is including your equipment and you'll both walk away with nothing! I filed for a divorce from this same woman in 2002 and seen how it was going to end like that and reconciled with her so I wouldn't lose it all and wind up on the street. Remember the attorneys don't give a damn about you, only what they can get from you! I was more than fair with her and she got a considerable settlement and all the stuff out of the house she wanted. I kpet the house and my equipment including my bass boat! Remember it's just stuff when it comes to furniture, TV's and all that crap. There isn't any of it that can't be replaced and there's no value to used furniture unless it's antiques. I was out of my house for nearly four months and a great musician friend of mine gave me a place to stay the whole time for nothing. God bless that guy!

Danny Bates · Post by **Danny Bates** » 30 Jul 2009 3:32 am

Mike, You better talk to your lawyer. It will be the best money you ever spent. I'd give her what she wants and start a new life. I doubt if she wants your steel guitar and gear anyway.

I don't know where you live, but here in California, if you were married more than 10 years, the judge can make you pay alimony for life. You better forget about making any substantial money until your divorce is final. For the time being, it's best to show low income.

Her lawyer is probably going to try to make you pay alimony because (unless she's working), that's probably the only way he'll get paid. Make sure your lawyer lets her lawyer know that you're broke and he'll probably quit putting in a lot of time on her case.

BTW, Here in CA the judge can make you pay her lawyer's fees. It doesn't matter "who left who" because it's a "no fault" state.

I'd forget the Chapter 7 thing until your feet are firmly on the ground.

Life will get much better when it's over. Good luck.

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