QUESTION
If I get a divorce after a long term marriage, what are my rights?
Asked on Jun 12th, 2013 on Divorce - New Jersey
More details to this question:
We had 36 years of marriage with 4 beautiful children ages 22-31. One married in 2012. Husband left right after, setting up a new residence near his office. He claims "I don't want to be your caregiver. Plus, we cannot get along, anymore." This refers to arguments like: Where did you find the money to purchase a new Porsche at $110,000? His answer: None of your business. I filed for divorce when he left me, moved out all his office furniture, and went on a three week wine tour of France. He left no money in the checking account. My son needed tuition money and was starting college fall semester. I borrowed the money from my aging mother. He paid it back however, reluctantly. Then, I had bills coming in for the large house we own. I want to know my rights. I was a stay at home mother for 35 years! Am I entitled to 50% of our marital estate and to receive 50% of his salary? I have not worked in a very long time and I have health issues with my knees and back. Please help!
11 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It is difficult to advise a client without all of the facts. It is really essential that you at least consult with an experienced family law attorney. Generally speaking you would be entitled to an award of one half of the community property obtained during the marriage. Unfortunately, given the facts as you have presented them, there is every probability that your husband has been hiding assets.
Answered on Jun 13th, 2013 at 12:38 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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It sounds as if you may need an attorney to help you move forward, because it looks as if you got stuck after you filed initial paperwork. You need to make a request for orders of Spousal Support immediately, it will not be half of his income, but it will be a significant help. Next, you need to begin finding out exactly what the marital assets and debts are, where they are held, if any significant amounts have been removed by your husband since the separation date, and prepare a proposal to divide things approximately 50/50. If you can't work it out, you will need to go to trial and have the Judge divide things, but you need court orders, not just private agreements in order for it to be enforceable.
Answered on Jun 12th, 2013 at 12:06 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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You are entitled to 50% of all assets accumulated during the marriage except inheritance and personal injury awards are considered separate property. Alimony is not set by a formula. You should retain an attorney to assist you and to ensure that you receive what you are entitled to.
Answered on Jun 12th, 2013 at 11:44 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Contact an attorney immediately Each divorce is unique but you should be eligible for significant spousal support, etc. but unless you have a knowledgeable attorney to assist you in the process you will loose out on some or all of it.
Answered on Jun 12th, 2013 at 11:43 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes you have the right to 50% of your marital assets, 50% of the marital debt and maintenance.
Answered on Jun 12th, 2013 at 11:43 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, you are entitled to half of everything acquired during the marriage and also possibly alimony. You should consult with an attorney.
Answered on Jun 12th, 2013 at 11:43 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with an attorney, sooner the better. There are way too many factors that need to be discussed in an email.
Answered on Jun 12th, 2013 at 11:43 AM
Family Law Attorney serving Gearhart, OR
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Coast Family Law, LLC
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I am sorry to hear of your situation, but you have rights. You should consult with a family law attorney in your area as soon as possible to make sure that your rights remain protected. You are likely to entitled to some portion of your marital estate and, potentially, on going support. You indicated in your question that you filed for divorce; be sure to mention this to the attorney as critical rights may have been lost.
Answered on Jun 12th, 2013 at 11:42 AM
Theodora B. Fader
The court will divide all marital property in debt "equitably." The starting point for determining an equitable property division is 50/50. You need to hire counsel immediately to assist you, if you have not already done so.
Answered on Jun 12th, 2013 at 11:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are going to need a very good divorce attorney. You are entitled to, for starters, half of the accumulation of assets during the marriage. Yours is also a very strong case for spousal support, which could approach half of his income. His Porsche and "none of your business" will be assets in your divorce arguments. If you have an attorney, get your answers there, if you do not call for an appointment. You will not get your "fair share" without an attorney in these circumstances.
Answered on Jun 12th, 2013 at 11:02 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You can not dissolve a 36 year marriage with advise over the internet. Consult an attorney.
Answered on Jun 12th, 2013 at 11:02 AM