QUESTION

What will I have to give my wife in the divorce?

Asked on Apr 09th, 2013 on Divorce - California
More details to this question:
I'm a Marine, have been married a year and a half in California. My wife left me and took almost everything we own two months ago, then I found out she is having an affair at her new home, which she admitted. She said she left because she was unhappy, and wasn't ready for marriage. My question is, what is she technically entitled to now? She has student loans from both before and during our marriage. Will I have to split the student loans with her too?
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3 ANSWERS

Her student loans are hers. She could get half of anything either of you earned during marriage. and possibly spousal support for a short time.
Answered on Apr 11th, 2013 at 12:40 AM

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Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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Your marriage is very short and you do not mention children. She probably would not receive spousal support due to the length of marriage. The community debts and assets need to be divided equally. Those things that were acquired from date of marriage to date of separation. Her student loans are all hers. If the community paid any of her student loans it probably has a right of reimbursement. To save time and money you may qualify for a Summary Dissolution. To qualify for a summary dissolution of your marriage you must meet ALL of the following requirements. You and your spouse: Have been married for less than 5 years (from the date you got married to the date you separated); Have no children together born or adopted before or during the marriage (and you are not expecting a new child now); Do not own any part of land or buildings; Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy); Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations"); Do not count car loans. Have less than $38,000 worth of property acquired during the marriage. Do not count your cars. Do not have separate property worth more than $38,000. Do not count your cars. Agree that neither spouse will ever get spousal support; AND Have signed an agreement that divides your property (including your cars) and debts. In addition, if you are married, either you or your spouse must have lived in California for the last 6 months and in the county where you file for summary dissolution for the last 3 months. If you do not meet the residency requirement, you can still file for a legal separation but you have to go through the regular legal separation process, or wait until you meet the residency requirements for a divorce.
Answered on Apr 11th, 2013 at 12:09 AM

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Student loans should be hers. She may have a small interest in your retirement. She could get spousal support for half the length of the marriage. If she's living with someone else that's less likely.
Answered on Apr 10th, 2013 at 11:18 AM

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