QUESTION
what can I realistically expect to walk away with when it's all said and done on the divorce?
Asked on Sep 04th, 2013 on Divorce - Oklahoma
More details to this question:
After four years of marriage, my husband and I have decided on divorce. He wants to make an agreement rather than go to court and have to pay for lawyers. But I'm not sure if we can't agree. I haven't worked since we were married and have been a stay at home mom to our almost three year old. My husband has been medically retired from the military and receives a monthly medical payment through veteran's affairs. He is currently unemployed and considering starting school. My question is what can I realistically expect to walk away with when it's all said and done? He has already agreed that I get sole custody of our child since he has had very little to do with her on a day-to-day basis. Is it unreasonable to ask for some kind of alimony for a year or two on top of any child support? If he is only getting his medical retirement check, would my request likely be denied? We have one car under his name that was signed over from his parents after we were married. He wants to keep the car for himself. We also have money saved in a bank account under his name that has been saved since we got married. What should I do about that? All of our money is under his name and I cannot afford a lawyer. Also, I'm sorry if I wasn't supposed to type this much in this window. I'm not sure how this was supposed to work. Thank you.
5 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can expect to walk away with custody of your child and child support. Without knowing the amounts of money involved, it is difficult to say but I would not count on an alimony award with a 4-year marriage and no income from the other spouse save and except a medical payment from the military. The money that was acquired during your marriage should be split.
Answered on Sep 06th, 2013 at 8:37 AM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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Unfortunately this forum is not the mechanism by which to provide a thorough response to your in depth inquiry. I would recommend a consultation with an attorney to get the requested information.
Answered on Sep 06th, 2013 at 5:23 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The short answer is very little. You will not have access to his disability pension from the military. Federal law disallows distribution of his disability income. He is unemployed. No money there. Even alimony for a short period of time seems slim. The courts are not going to make a man who has a 100% disability go back to work. You will need to go to work. It will probably be better for you to get a job sooner rather than later. You can expect to share the assets of the marriage acquired during the course of the marriage. If he already owned the house where you live before he married you. All courts will award child support, but that will not be enough for you to live without working.
Answered on Sep 05th, 2013 at 3:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are entitled to one-half of the assets and one-half of the debts. If you get !00% custody, you should receive a decent amount for child support. You may be entitled to spousal support for a period of time to allow you to get training or a degree to get a job.
Answered on Sep 05th, 2013 at 3:17 PM
While it is not impossible for a couple to agree on everything and roll their own divorce, it is very uncommon. If your income makes hiring counsel difficult, contact the most local to you Legal Aid office and make an appointment with them. You can also see if there is a low or no cost panel in your area by contacting the county bar association or state bar association.
Answered on Sep 05th, 2013 at 3:16 PM