QUESTION

Is it possible for me to win the divorce case?

Asked on Nov 16th, 2012 on Divorce - California
More details to this question:
My wife and I are married 18 years. When we met, I was a commercial photographer; work was not at all secure. When we got engaged, we decided I would go back to school and become a podiatrist, a field that interested me. During this time she was working in a boutique store as a sales person and would model from time to time, making a fair income. Whatever money she made, we spent going out. Shortly after our marriage she stopped working and decided she would go back to school to become an interior designer. It took her 4 years to complete her 2 year program. She took out student loans to pay for her courses. I also took out a large amount of student loans to support us and pay for school. It took me 5 years to complete the prerequisites and podiatry program. During this time we were renting the first floor apartment from her parents and they were giving us a break on the rent, about 1/2 to 1/3 the market rate. After my program I entered a specialty residency at the VA hospital that took 4 additional years to complete but was a paid program making ~60K/yr. After her graduation, she could not find work in her field. She held a job briefly in a furniture showroom but soon lost it and HAS NOT WORKED SINCE. This was approximately 2001. My income at the VA went primarily to paying our student loans and therefore we continued to rent from her parents. The residency consumed a lot of my free time and we could not go out very often at all. This is when our relationship started to drift apart. She was happy to just sit home and be a housewife, buy her fashionable clothes, and spend 2 hours in the gym. She couldn't even spend focused time to get her portfolio together to go on interviews. As a housewife she was horrible, she let laundry pile up, she kept the house full of snacks and junk food, never cooked healthy meals, there was dust all over the place. She would put work on other people like her mother and father, something I really had a problem with.
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12 ANSWERS

Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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While you give a lot of details about your marriage and how things progressed, I am not sure what you mean by "can I win". Regardless, from what you have stated, you definitely need to consult with and retain an attorney to assist you, as there are many issues that need to be resolved in your divorce action.
Answered on Nov 22nd, 2012 at 1:26 PM

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Spousal support is based on the factors in Family Coe 4320. Look it up and see where you fit. It is also discretionary with the judge. You have to get her ordered to make job contacts. You may need a vocational evaluation. There are steps you need to take. You need an attorney.
Answered on Nov 22nd, 2012 at 1:25 PM

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Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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You do not win a divorce case. California is a no fault divorce state. You simply file and serve the spouse. Your spouse can not stop or prevent a divorce. The process can be dragged out if parties cannot decide how to divide assets and debts.
Answered on Nov 22nd, 2012 at 1:24 PM

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Yes. But, you need a lawyer.
Answered on Nov 22nd, 2012 at 7:19 AM

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There are no winners in divorce. As Nevada is a community property state, each party is responsible for half the debt and receives half the resources. If there are children, the non-custodial parent pays child support based on approximately 18% of his or her gross income until the child reaches the age of 18 (or 19, if the child is still in high school). Payments increase on a sliding scale for each additional child. Child support could extend indefinitely for a handicapped child. In a long-term marriage, the spouse with the higher income may be required to pay half the difference in their earnings for a period of time representing as much as half the term of the marriage. This is negotiable, and if the parties arrive at a reasonable agreement, the court will generally consent.
Answered on Nov 22nd, 2012 at 6:21 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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No one can win a divorce, but it is possible to lose it. You must engage an attorney and explain all of the facts and circumstances.
Answered on Nov 22nd, 2012 at 5:58 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The simple answer to your question is that nobody ever "wins" a divorce case. The closest you will ever get to "winning" is working out an agreement with your wife to document a fair settlement of all of the things that need to be settled. If you can both agree to everything by making reasonable compromises that you can both live with, that will be as close to "winning" as you can expect. If you have to let a judge rule on everything because you can't compromise, the odds are that neither of you will be happy and both of you will believe you "lost". You really should consult a lawyer in the state where you live so that you can find out more about what a judge might do in the specific situation of your marriage.
Answered on Nov 20th, 2012 at 2:37 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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I suppose the question depends upon what you mean by "win" your divorce. You are certainly entitled to get a divorce. There are far too many issues raised here to address each one individually in this forum.
Answered on Nov 20th, 2012 at 2:36 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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It depends upon what you mean by "Win" Can you get a divorce.. yes Michigan is a no fault divorce state so you are entitled to a divorce if you want one. Will she be due alimony or other support most likely she will get some ongoing support from you given the circumstances. How much.. it depends and you should really hire a great divorce attorney it will be worth it in this case.
Answered on Nov 20th, 2012 at 2:36 PM

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A divorce case is resolved with an equitable division of assets and liabilities. This, of course, means different things to different people. There are many factors that will go into this division including the style of living, education, work background and length of marriage. All these issues should be discussed with an attorney to see what your expectations are and how best to reach your goals in resolving the divorce matter.
Answered on Nov 20th, 2012 at 2:35 PM

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In SC, it depends on what your definition of "win the divorce case" is. Yes, you can get a divorce from your wife. That is the easy part. The not so easy part is all of the details about why the marriage is over, etc. There are several other factors that would need the be evaluated in order to properly advise you in regards to this matter. You should consult with a local attorney in regards to this matter as soon as possible.
Answered on Nov 20th, 2012 at 2:35 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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Not about winning its about compromise mediate is the best way and save money.
Answered on Nov 20th, 2012 at 2:34 PM

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