QUESTION
If I get involved in sexcapades will my husband get half of everything?
Asked on Jul 07th, 2013 on Divorce - Florida
More details to this question:
Hope you're well today. I'll be brief, I've been married for 7 years, six of them totally sexless, my husband, an alcoholic hasn't had sex with me in about 7 years, ever since we found out what an alcoholic he is. He went to AA for several years but now has started drinking again. My problem after no sex, no anything, nada, ok you get the idea. Short of killing the rotten bastard, (ok that's not an option, just kidding) what are my legal rights in this. PS I'm also disabled and yes he sometimes makes dinner for us at night. I'm just totally bored, lonely, and frustrated. Also being disabled I pay for everything but $700 a month which I have finally squeezed out of him. I pay for absolutely everything...mortgage, HOA, Duke Energy, PNG, USAA, AAA, etc. My friends say if I meet or have a sexcapade, which I'm not, he could get half of everything. So basically I'm screwed, right? Thanks for your time.
4 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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To answer with my opinion: in Utah, a spouse's infidelity can have an impact on child custody and alimony awards. So regardless of whether you have strayed or are thinking of straying, stop, stay on the straight and narrow until you are divorced. And stay on the straight and narrow after divorce (or you only have yourself to blame for that STD or worse), although whether you follow that post-divorce advice is entirely up to you.
Answered on Jul 12th, 2013 at 10:03 AM
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Sorry to hear of your unhappy situation. In Nebraska, you haven't been married all that long. The fact that you pay for the majority of the expenses should be taken into consideration (contributions to the marriage are a factor for property division). Nebraska is a no-fault state. Adultery, by itself, is not a reason to give the injured spouse anything more than they would get otherwise. You should visit with a local attorney to get a better idea of your rights and responsibilities.
Answered on Jul 10th, 2013 at 11:47 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The sexcapades don't matter. What matters is whether the property is community or not. If the house is in both your names, then it is community. If the car is in both your names, then it is community. Your best bet is to divorce the guy immediately, before there is a whole lot more value in your house. Actually, if you are upside down in your house that is even better, because half the debt is his also. In other words, get rid of the bum because of alcoholism (that might give you a little more in the property settlement) and move on with your life.
Answered on Jul 10th, 2013 at 11:20 PM
Carolyn Roschelle Jones
If you are miserable in your marriage file for divorce. The law of the land in Florida is Equitable Distribution not community property. Also Florida is a No Fault Divorce State.
Answered on Jul 10th, 2013 at 11:14 PM