# equitable distribution/kids questions



## frustratedinms (Apr 6, 2012)

Hello everyone,
I am seeking help on equitable distribution of property in my divorce for MS. I was told, by my lawyer, to make a list of all items in my household down to the pots and pans, along with the value of each and balance left if a loan. I also have to put which item i want to keep. I have several questions about this:
1. are debts split in equitable distribution states, or does whomever have the item be responsible for the debt because that will determine what I want and don't want
2. my income doubles my husband, so will that factor in what I keep in a negative way(i.e. i make more so he gets more) or positive way(i.e. I make more so i get more since i can likely afford to pay, or because I contributed more to purchase the item)
3. we both recently got seperate checking accounts while married and i have more due to my income and tax return, so will my money be split to him since he makes less or is it mine since it's my account
4. he has a furniture bill in his name, and so do i. Does that mean we keep furniture for those bills along with the debt? What if we want some, but not all, items that are under the other person's bill (i.e. tables and china cabinet under his bill but i want to keep tables only). 
5. i also have to complete a financial statement. What is the purpose of this because it lists assets, liabilities, etc similar to the list my attorney wants me to make. Will i have to pay husband money if i have more
6. if items such as home or vehicle have no equity, is that considered in equitable distribution
7. if i keep house (only i can afford mortgage) and no equity to sell and buy out, will i get to keep most of items since kids are involved and i anticipate getting custody
8. does he have a chance of getting kids if i'm the one mostly doing and involved in their lives all of their lives, school, church, doctor, etc. He just started to try interacting when he got divorce papers two months ago.(they are 8 and 4 years old now) He is trying to use that he is the one that fix dinner and pick them up. However, he gets off at 2pm so that was always our agreement-he pick them up from school and fix dinner. I get them ready in morning and take them to daycare. I normally get home around 7 pm but he is now using that to say i'm not there enough even though he's only there 2 hours with them(pick up around 5-5:30 from daycare). Also want to point out there was 2 incidents of domestic violence (last one he went to jail and kids saw-oldest had to tell police what really happened since he lied). No violence with kids but will this work in my favor?

Sorry for the many questions....just want to get other opinions besides lawyer because I feel this is not a priority for him since we are friends but have gotten too far in process to change lawyers. HELP!


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