QUESTION
Am I entitled to something even if we were only married for five months?
Asked on Sep 08th, 2012 on Divorce - Alaska
More details to this question:
I am a Brazilian. I have no green card. He already had a car, motorcycle and home before marriage.
10 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Your very short marriage does not entitle you to much given he came to the marriage with separate marriage. You might ask him for a couple of months of support to help you move. However without being married you may not be allowed to stay in the US after your temporary card expires. You should consult with a immigration attorney.
Answered on Sep 13th, 2012 at 6:41 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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None of those items would be subject to your claims.
Answered on Sep 13th, 2012 at 6:40 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Probably not, but you would need to consult with a family attorney in your area, to find out what, if anything you are entitled to. As a start marital assets are to be divided equally. So you are entitled to half of the assets that came into the marriage.
Answered on Sep 13th, 2012 at 6:39 PM
Richard S. Goodman
It is not likely that you would get an award from such a short marriage. Sometimes moving expenses can be sought, particularly if there is a difference in incomes.
Answered on Sep 13th, 2012 at 6:39 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The only thing you would be entitled to would be anything earned during the marriage. You are not entitled to anything he had prior to the marriage. It has nothing to do with your status in the country.
Answered on Sep 13th, 2012 at 6:38 PM
Ordinarily spouses are entitled to about half of what was acquired during the marriage: engagement and wedding rings, wedding gifts, etc., and anything else you owned after the wedding date. Good luck!
Answered on Sep 13th, 2012 at 6:36 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are entitled to a fair share of any property acquired during the marriage. You may be entitled to some monthly support money for a short period of time, but there are no simple rules and that will be a question for a judge t decide if you and your husband cannot agree to something.
Answered on Sep 13th, 2012 at 6:31 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You are entitled to 1/2 of any property bought during marriage if that property was bought with community funds. You may be awarded temporary spousal support - but keep in mind that spousal support usually only lasts about 1/2 the length of the marriage. Did your husband sign an affidavit of support with the INS when you came to the US? f so, you will be entitled to support at 125% of the federal poverty level (about $1164) monthly until a terminating factor occurs.
Answered on Sep 13th, 2012 at 6:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Probably not much, but I would have to have full details.
Answered on Sep 13th, 2012 at 5:58 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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In a marriage of short duration, less than three years, to the degree possible, the divorce judge will likely try to put both parties back where they would have been had they not married. You will likely get one of the cars if you have two cars, plus whatever you brought into the marriage, plus half of the value of whatever personal property you both acquired during the marriage. You will divide only the debt you acquired together during the marriage, otherwise each party will be awarded their own pre-marital debt.
Answered on Sep 13th, 2012 at 5:58 PM