The man I'm currently dating has only been married for a few months. He wants to get a divorce so we can be together. (She doesn't know about me.) But, he was told that if he files for divorce now that she would get everything. He doesn't care about the house or car or anything, but he owns his own business and doesn't want to jeopardize it.
In Nevada, the wife of a few months would be entitled to only those assets the parties purchased during the marriage. If they purchased a home during the marriage, it is unlikely the home would have much equity and if both parties want the home the court can order the sale of the home. He needs to speak to a knowledgeable family law attorney.
If you are in Florida and he has only been married for a short time, she will likely not get very much. He needs to consult with an attorney though in order to best determine his potential rights and options, as well as how to proceed.
There is not enough information in your question to enable me to answer it with any degree of accuracy. There are, however, ways of doing "divorce planning," just as there are ways to do "tax planning" and "estate planning," designed to legally reduce your exposure in divorce.
He is lying to you. The wife would probably get very little from the property settlement. Think about it. He has only been married for a few months and is already playing around. Dump his sorry behind and find somebody worthy of you.
Nebraska is a no-fault state. How assets are divided depends on the length of the marriage and financial condition/earning powers of the parties, if any minor children are involved, etc. Even in states where fault (such as adultery) is a factor, generally that does not mean the injured spouse gets "everything". A prenuptial agreement giving one spouse "everything" in a divorce would likely be unenforceable. I think you may want to follow up on what you are being told by this "gentleman"...it may very well be an excuse to not divorce and continue his relationship with you. In any event, if you do continue your relationship with him and he eventually divorces and you decide to get married, make sure you get a prenuptial agreement.
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