QUESTION
Will I get the car and all the payments and is there a way to receive alimony?
Asked on Dec 02nd, 2012 on Divorce - Florida
More details to this question:
My husband and I am about to go through a divorce. I was wondering what to expect about a couple of things. My car broke down. My husband and his mom financed a car ($500 a month) because it was mine. We put the insurance in my name and had a paper notarized saying I’m a co-owner of the car. I alone cannot afford $500 a month because I’m in school and only work part time. Could we split the bill? He was in the military and they owe him back pay from a deployment because we were married and they didn’t pay for the separation. Will I still get some of that too because it was for us not just him? He also was the provider of the house. I’m in school. We were married a little over two years. I know it’s not that long but I just wanted to know what to try for. Thanks.
6 ANSWERS
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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There are too many variables in your question to give you an answer. The judge will look at all the assets and debts and make a division of them in the context of the entire marital estate. I suggest you hire a lawyer.
Answered on Dec 04th, 2012 at 5:23 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Normally debts incurred during the marriage are community, just as assets acquired are normally divided 50/50, so I would expect joint liability as to the car debt; however, if the intent is to keep he car then the debt would normally go to you with the car to offset the value. Similarly, the separation pay earned during the marriage should go 50/50. If in fact he was the sole provider I would expect you to get some sort of interim support, but in the case of such a short term marriage the judge has a lot of discretion and I could see no support awarded.
Answered on Dec 04th, 2012 at 5:22 PM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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It is unlikely you will receive alimony on a two year marriage, but who knows? Almost anything can be negotiated. Be nice to him and he may agree to make the car payments.
Answered on Dec 04th, 2012 at 5:22 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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All property issues will be resolved in the divorce proceeding. You have a claim to all marital property and can expect spousal support based on several factors. You should consult with an attorney to discuss these issues in detail and consider your rights and expectations.
Answered on Dec 04th, 2012 at 5:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should seek the advice of a local attorney. You might be able to seek and get rehabilitative alimony.
Answered on Dec 04th, 2012 at 5:21 PM
Advice Only. If I was you, with all of the issues that you have pending, I would suggest that you seek the advise of an Attorney. Michigan is basically a 50/50 state when it comes to the division of property. With your question, it appears that you have a great deal of negotiation necessary for a fair resolution. If you are a good negotiator, and can stand up to pressure, you can try to resolve the issues without Counsel
Answered on Dec 04th, 2012 at 5:21 PM