QUESTION

How can I protect myself financially if I go through with a divorce?

Asked on Jul 24th, 2011 on Child Custody - Alabama
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My husband wants a divorce but I will like to try and work on our marriage. If he is set on having a divorce how can I protect myself and our son financially? He has indicated he wants nothing to do with raising our son. We both are employed however it would be difficult for me to keep our home with just my income.
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12 ANSWERS

Glen Edward Ashman
You retain counsel to protect you and your son.
Answered on Jul 17th, 2013 at 12:26 AM

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Family Law Attorney serving Everett, WA at Burkhalter Law PLLC
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You can file a motion for temporary orders while the divorce is pending.
Answered on Aug 05th, 2011 at 6:11 AM

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Criminal Defense Attorney serving Tustin, CA
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You need to meet with an experienced family law attorney and he will go over your income and your spouses income and will tell you based upon many different factors what the child support order would be. In addition if you were married for a long period of time you may be entitled to spousal support. In addition you will be entitled to 50% of the net community property assets.
Answered on Jul 28th, 2011 at 12:36 PM

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Family Attorney serving Seattle, WA at Seattle Divorce Services
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Under Washington law your husband would have a child support obligation even if he is not participating in parenting. There is also the potential for spousal support to you if he has significantly more income than you. If support is not sufficient to allow you to remain in the home, it may be that the home would need to be sold and your share of the proceeds used to obtain a less expensive home.
Answered on Jul 26th, 2011 at 10:27 AM

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General Civil Trial Practice Attorney serving Beaverton, OR at Vincent J. Bernabei, LLC
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You husband will be required to pay child support. Go to the oregonfamilylaw.com and under the links you can run an on line support calcuation. Child support will be automatically deducted from his pay check.
Answered on Jul 26th, 2011 at 9:30 AM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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Consult a lawyer about filing for Child Support and Spousal Support/Alimony "Pendente Lite." If you still cannot keep your home, then you may have to downsize your lifestyle.
Answered on Jul 26th, 2011 at 8:53 AM

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Your Husband will be required to pay child support and maybe alimony depending on the length of the marriage, your Husband's income and your available assets. I would suggest you contact an attorney to do some pre-divorce planning. An attorney will have you fill out a financial statement and ask some very specific questions in order to determine what level of support you could possibly expect.
Answered on Jul 26th, 2011 at 8:11 AM

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Bankruptcy & Debt Attorney serving Brookfield, WI at Elmbrook Law Offices, LLC
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Wisconsin is a no fault divorce state. If you husband wants to be divorced, the Court will move forward with the divorce. In terms of protecting your son's interests and your financial well being, child support will be based upon the placement schedule and statute. In terms of maintenance, a number of factors will be reviewed including length of marriage, differences in income, standard of life, etc. Thank you.
Answered on Jul 25th, 2011 at 3:01 PM

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As soon as someone starts the divorce, move for temporary orders. Temporary orders will address temporary child support and maintenance. Then seek the correct amount of finalchild support andmaintenance possibly and a fair division of your assets and debts
Answered on Jul 25th, 2011 at 2:34 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The reality is that you have more "protection" financially once you actually file for divorce than you until then. Filing the initial paperwork prohibits either party from disposing of marital property and fixes a date that any child support and/or spousal maintenance should begin. Everything you now own (no matter whose name is on the title) is presumed to be marital property until it is proven to have been owned before the marriage or acquired by gift or inheritance. Marital property will be divided either as you and your husband agree or as a judge decides to be fair. That division does not have to apply to each separate item - fairness is decided by the overall distribution. There are no fixed rules as to what is "fair". Whether you can afford to keep the home depends on a lot factors and information that you have not provided. If the kids continue to live with you, your husband will be required to pay child support. Child support is computed using the gross income of each parent. If your income plus child support is not enough for you to live on, you may have a claim to spousal maintenance (alimony) for some period of time. The details about what you could reasonable expect need to be discussed with a qualified attorney who can review everything directly with you.
Answered on Jul 25th, 2011 at 1:41 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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If your husband wants a divorce, there is nothing you can do to stop the process. As for protecting yourself financially, I'm not sure what you mean. Child support will have to be paid and will be based on the combined incomes and amount of time each person spends with the child or children. Alimony may be an issue, depending on the length of the marriage and other circumstances, but only if there is a legitimate need and ability to pay. If neither of you can afford the house on your own, then there is a good likelihood that it would be sold and the proceeds or deficit shared between you. I would strongly suggest speaking with an experienced family law attorney to assist you in this matter, and also to educate you on your potential rights and options.
Answered on Jul 25th, 2011 at 1:29 PM

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Roianne Houlton Conner
A divorce can be financially difficult on both parties. The Court would determine if they believe you have sufficient income to keep the marital property. I suggest that you contact an attorney just is case counseling does not work out.
Answered on Jul 25th, 2011 at 1:11 PM

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