QUESTION

Can I get spousal support even if I'm married to my husband for only four years?

Asked on Nov 27th, 2012 on Divorce - Colorado
More details to this question:
Me and my husband are married for 4 yrs now, we don't have a child but he's got 4 from his previous marriage and they all live with us. My husband handed me a divorce packet 3 days ago. He had already filled up some of the information's and he wants me to sign it right there and then so we can both move on according to him. I told him I would have to read it first and most likely seek legal advice before I sign it for I do not understand some of this legal matters. He insisted, so he started explaining here and there and rush me to sign it so he can have it notarized that day. He then ask me to move out of the house as soon as possible like the next day. I don't have money to get a lawyer as I just started working after my surgery. I only work part time at least 20 hrs a week on a minimum wage. I don't know how to drive and it’s even harder to get more hours due to my transportation issues for my husband does not like the idea of taking me to work and picking me up because according to him he's making a compromise and seems like an ordeal to him. He said that if I get an attorney I am going to make things complicated and they will suck out money which I do not have. He checked the box that said he doesn’t own any real property, that there's no spousal support, that any court fees are to be paid equally between us, something about irreconcilable differences and that we both agree to this. As far as I know, my husband owns this mobile home where we live but he paid for the monthly land rental and currently renting out another single wide mobile home that is closer to ours which he owns at the same time. He's self employed, he owns an online business and advertising and obviously makes more money than I do. What are my legal rights here? Do I get spousal support? Am I entitled to a portion of my spouse's personal property or business?
Report Abuse

5 ANSWERS

Temporary support is possible even for short term marriages such as yours. You should consult a family law attorney or facilitator to review all of the facts and run the numbers for you.
Answered on Nov 29th, 2012 at 8:47 AM

Report Abuse
Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
Spousal support has two components: temporary and permanent. You will probably not receive it on a permanent basis but, depending on both of your incomes, you could receive temporary spousal support. That support is based on how much income each of you have each month and a consideration of certain of your expenses and tax deductions. I strongly recommend you have at least one consultation with a family law attorney in person to get a better idea of your rights and duties in the divorce. Please do not sign anything until you have talked to an attorney in person.
Answered on Nov 29th, 2012 at 8:29 AM

Report Abuse
Get legal help - you need to file for spousal support and for him to pay towards your legal fees. You may have some interest in the mobile home and business. DO NOT SIGN ANYTHING before seeing an attorney.
Answered on Nov 29th, 2012 at 6:41 AM

Report Abuse
The court can order temporary support during the pendency of the divorce. Spousal maintenance after the divorce requires a marriage of 10 years. I suggest you hire a lawyer.
Answered on Nov 29th, 2012 at 6:28 AM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
Spousal support is basically a balancing of need versus ability to pay; the length of the marriage is only one of many relevant considerations. There are no fixed, simple rules and, if you and your husband can't agree, a judge will make the decision after considering all of the relevant factors. You would be foolish to simply accept what your husband says without consulting a lawyer to learn more about what you can reasonable expect a judge to do about all of the pertinent financial issues. Even if you can only pay for a couple of hours of the lawyer's time you will benefit in the long run.
Answered on Nov 29th, 2012 at 5:34 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters