QUESTION
If we have been married for 34 years, can my husband take everything and leave me with nothing and can he make me move out of my home?
Asked on Apr 21st, 2014 on Divorce - Washington
More details to this question:
He has worked away from home for the whole marriage only home 3 days. I have worked full time for most of our marriage raised his kids and took care of the stock we have on our ranch. He found some pictures of me with someone else. Now he thinks he can kick me out and leave me with nothing. I told him when we got married if something happened and we split up all I wanted was what I came into the marriage with a car paid for and my personal stuff and a $1000 dollars for every year we were married. He is an alcoholic he has never hit me but the mental abuse he has put me through is bad.
7 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
No he cannot force you out of the marital home, and, if you are in Florida, you are entitled to half of anything that was obtained during the marriage, including any retirement that he has accrued. Additionally, there is a good likelihood that you are entitled to permanent alimony. You need to consult with and retain an attorney to assist you in protecting your rights.
Answered on Apr 22nd, 2014 at 9:21 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You are entitled to half, if not also spousal support for the abuse. I suggest you hire a local family law attorney and start the divorce proceeding now.
Answered on Apr 22nd, 2014 at 9:21 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
In Michigan he cannot. Michigan is a no-fault divorce state so infidelity (if that is what the pictures showed) has very little difference generally you will get 1/2 of all his assets, including his pension (and he will get 1/2 of your pension) contact a good divorce attorney.
Answered on Apr 22nd, 2014 at 9:21 PM
2 Awards
Based on the length of your marriage, you should be entitled to spousal support and since Florida is an equitable distribution state you are entitled to half of the marital assets and debts. Also, Florida is a "no fault" state and infidelity does not matter unless marital funds were used for the same. You really should consult with a divorce attorney in your area right away on moving forward with a dissolution of marriage action. You can also file for temporary relief when you file for divorce to address support during the pendency of your divorce action.
Answered on Apr 22nd, 2014 at 9:18 PM
The quick answer to your question is No, however, everything is negotiable. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Both spouses would have to agree in order to move forward with Mediation.
Answered on Apr 22nd, 2014 at 3:11 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
With a marriage of 34 years, there would probably be a 50/50 split of all of the assets acquired during the marriage.
Answered on Apr 22nd, 2014 at 2:53 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
File a divorce and make a motion for temporary orders that allows you to stay in the house pending resolution of the case. Unless you had a prenuptial agreement (in writing) everything in WA is community property except an inheritance and a few other discreet types of assets. What you told him is irrelevant. After a long term marriage, all property will be divided.
Answered on Apr 22nd, 2014 at 2:49 PM