QUESTION
Will she be able to get my property if we divorce? How?
Asked on May 20th, 2015 on Divorce - Nebraska
More details to this question:
My wife and I have been married for 6 months. We have a baby and she has not had a job since I met her. She relies on her Dad and I for money. What would the likely outcome be if we did actually get a divorce? Would she have grounds to get any of my property?
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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She clearly has grounds to get child support.. Any more depends upon a lot of facts.
Answered on May 22nd, 2015 at 12:19 AM
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Only the items acquired during marriage will be divisible in divorce, and each of you would receive half of the marital estate. You would likely be required to pay child support in accordance with the guidelines. You should at least visit with an attorney confidentially about your specific situation to know your rights and responsibilities. Best wishes.
Answered on May 20th, 2015 at 6:12 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The outcome of any such dispute, if there is one, is heavily dependent on the specific facts. Most lawyers would agree, though, that in a six months marriage, all other things being equal, the courts favour outcomes in which both parties just walk away with what they brought into the marriage. The existence of a baby changes some of that assumption since the baby will need support from you. And not every mother is prepared to return to full-time work and also care for a very young child. Retain an experienced family law attorney: it's almost always worth the investment.
Answered on May 20th, 2015 at 3:01 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The only property to which she has a right is a portion of anything acquired during the marriage or the period of cohabitation if you cohabited prior to the marriage.
Answered on May 20th, 2015 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Each divorce is unique and the factual situation generally controls. Without knowledge of the details I could not give you an answer except to say that property which you owned, and continue to own, individually prior to the marriage is probably not going to be considered part of the marital estate unless it is necessary for spousal or child support. I would very strongly suggested if you wish to protect yourself you counsel with an attorney immediately.
Answered on May 20th, 2015 at 1:55 PM
A reasonable outcome would be that you and she would divide all property obtained during your 6 months of marriage. All property obtained prior to your marriage and after separation would reasonably belong the person who purchased the property. Another issue to be aware of is Child Support. Have you considered Mediation. Mediation is Fast, Effective and Affordable. Both you and your spouse would have to agree to Mediation before it could be done. Good luck.
Answered on May 20th, 2015 at 1:41 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In a community property state like California, she would only be entitled to property acquired during the (6 month) marriage (between the date of marriage and the date of separation). If you can show that you acquired property during that six months, BUT it was paid for from funds you earned and before your date of marriage and held separate (not in a joint bank account or co-mingled with funds you earned during the marriage), then those things would be your separate property along with everything you owned prior to the date of marriage.
Answered on May 20th, 2015 at 1:13 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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With such a very short marriage, the goal would be to return each of you to the position you were in prior to the marriage. Any property that was yours that has not been commingled with marital property or with her property, would remain yours. You would, however, have an obligation to pay child support.
Answered on May 20th, 2015 at 1:02 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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She is entitled to one-half of the community property, which is generally any property acquired during the marriage. If the marriage is only six months long, I am guessing that there isn't much to divide.
Answered on May 20th, 2015 at 1:02 PM