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We are a military couple and have been together for nearly 8 years. We have two children together. I am unemployed and my husband is an obsessive gambler. Can you give me a general idea of what I will likely retain if we divorce? He has been in the military for 15 years. We own two properties, one of which is through his VA loan and the other through mine. Thank you in advance.
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Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You won't be entitled to his military pension because you haven't been married 10 years. However, the court will take it into consideration as an asset that goes to him, which would mean any retirement you've earned will likely go to you. You are entitled to a part of the community property regardless of how the mortgage was obtained, and of any other assets and liabilities acquired during the marriage. Both of you have an obligation of child support based on your respective incomes.
Answered on May 01st, 2015 at 5:37 AM
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In Nebraska each party generally receives one half of the marital estate (assets minus liabilities). If you can prove his gambling issues, that may entitle you to keep a bit more, since it directly relates to the assets of the marriage. You really do need to at least visit with an attorney who can confidentially discuss the details of your situation and provide you some options to best protect yourself and your children. Best wishes.
Answered on Apr 30th, 2015 at 12:24 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: retain an experienced family law attorney in your geographical area. Such a person can review lots more facts than can be covered hereand the answer to your question is likely to be both fact-driven, and dependent on the practices of the judges in your county. Generally, in Wisconsin and other community property states, you are each presumed to be entitled to one-half of the marital estatewhich means the property and debt you acquired since the date of the marriage. You may have separate or individual property, which you acquired before the marriage, or which was given to you (or inherited by you) at any time. But I am sure you need much more detail. Find a good lawyer: it's generally worth the investment.
Answered on Apr 30th, 2015 at 10:06 AM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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Generally, in North Carolina, it is presumed that an equal division of all marital assets (i.e., whatever was acquired during the marriage) is equitable. In other words, all property, money and assets gets split 50/50. It doesn?t matter whose name is on the title or the account. That includes his military pension/retirement. If he has incurred gambling debts, you have a solid argument that those debts were not incurred for a marital purpose and are actually his separate debts.
Answered on Apr 30th, 2015 at 9:50 AM
You are certainly entitled to 1/2 of the marital property. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Your alternative, of course, is to retain a Family Law attorney. My suggestion is DO NOT WAIT. It sounds like time is of the essence in order to protect your interests.
Answered on Apr 30th, 2015 at 8:15 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Not enough information to make a detailed answer; but if the pension is your issue you could receive 2.5% per year of marriage if he serves 20 years.
Answered on Apr 30th, 2015 at 8:10 AM
You are entitled to on half of all community property.You should be able to get child support and also spousal support.
Answered on Apr 30th, 2015 at 2:38 AM