I have been married for almost 17 years of his military years. My spouse say that I would not be awarded half of his retirement and recieve chid support too.
2006-09-18 17:06:04 · 11 answers · asked by mad 1 in Family & Relationships ➔ Marriage & Divorce
Hey I'm sorry that That had to happen but, it sucks that's life and divorce definitely happens. Now even with no income you can still find a lawyer.
Let me explain, depending on whom you find (Do your research) Some lawyers will take you based on the fact that you have a case. You are entitled Yes, let me make that clear ENTITLED to monies, Alimony for one,( that's 17yrs in a relationship) and if you have children, up to 18yrs and if they are still in school 21yrs of age. The law states that the parent or (spouse) is entitled to keep providing for the family even though they are no longer together. When you file the paper work; A court date is set and both parties go before a mediator who then decides whether or not it can be worked out before it goes before the judge. The judge decides who gets what Not the divorcing parties, Just don't sign anything with your husband before the court dates because it may or may not hold up in court.
Believe me all of the dirt comes out because the judge has to hear both sides of the story before they make a decision, and the court reporter has to put it all on record so every detail of gripes, complaints and infidelity come out. Seek legal council. They have a legal service in every state and they usually work on a sliding scale (based on your income)
If you should happen to find a lawyer (some of them will take your case and charge the spouse) The fee is add to what the spouse is sueing for and the amount is brought up in court. The Judge will decide who pays what. The person that makes the most money is usually the one that has to pay, based on the fact that he made all the money he may still have to accommodate the life style he provided for his family prior to the divorce. That is why they say it's cheaper to keep her.
2006-09-18 17:33:27 · answer #1 · answered by lashawn0676 3 · 1⤊ 0⤋
Look for an attorney who will give you a free consultation. Write down all your questions before you go. It is possible that your husband will be ordered by the court to pay your attorney's fees. As to your husband's pension, I don't know what percentage you would be entitled to, but you will certainly get some of it. That is a question for your attorney. His pension and child support are 2 separate issues. One does not preclude the other. He will have to pay you child support and will, in all likelihood, be ordered to give you a portion of his pension.
A piece of advice ... It's time to start looking for a job. Spousal support [alimony] is rare these days. If it is ordered, it usually only lasts for a year or 2, giving you time to get on your feet financially. Depending on where you live, the child support will continue until your children are 18-21 years of age.
God bless!
2006-09-19 00:15:41 · answer #2 · answered by celticwoman777 6 · 1⤊ 0⤋
Each state is different. Check out the internet for laws in your state. I live in NH and I was married 10 years and have 4 children. My spouse had to give me 50% of his retirement(401k) and I receive 45% of every paycheck. Don't believe your spouse, he is going to say anything to deter you from pursuing what is yours. Every state has guidelines. You are probably entitled to alimony as well. Call your local courthouse and ask to speak with a divorce advocate or try a YWCA, they will steer you in the right direction. Good luck. It is a very hard and difficult road. Stay strong and level headed. Take notes in regards to when he takes the children (picking up and dropping off time). You never know what you may have to refer back to and keeping a log of daily activities is a great way to remember.
2006-09-19 00:15:00 · answer #3 · answered by freedom4ni 1 · 1⤊ 0⤋
Your husband is wrong. Child support and spousal support are two totally separate matters. Call a local attorneys office and inform them of your situation. Since you are not employed your husband will be responsible for the legal fees. I will be praying for you and your family. I don't know the circumstances of your relationship but divorce should always be a last resort. You haven't already I invite to welcome Christ into your relationship. That is if there is any love left between the two of you. I will praying for you both. Peace and God bless.
2006-09-19 00:14:32 · answer #4 · answered by cave man 6 · 1⤊ 0⤋
First of all, haven't you heard enough of his mouth? Stop listening to him. You need to speak to the Chaplin. (military lawyer) If you don't feel comfortable doing that, then you can go to the court house and file for divorce and custody. Now, you will need some money to file but it's not that much. Stand strong and don't let him intimidate you. They all run their face when money is concerned. Good luck and God bless.
2006-09-19 11:21:26 · answer #5 · answered by cookie 6 · 1⤊ 0⤋
There are lots of attorneys with free consultation. My husband has to pay for my divorce lawyer, but if your husband doesn't have to, than maybe you can find one to set up a payment plan.
2006-09-19 00:10:56 · answer #6 · answered by galbee 3 · 1⤊ 0⤋
Legal aid. If he is still active military - you should check on base because they should have someone on base to help you out also. You will receive 1/2 or his retirement I am pretty sure.
Don't be intimidated.
2006-09-19 00:08:56 · answer #7 · answered by Chloe 6 · 1⤊ 0⤋
Try local legal aide organiztions. ACLU might have some kind of support. If you have a sad enough story some family lawyer might do a pro-bono.
2006-09-19 00:10:08 · answer #8 · answered by Evo_Morales 2 · 0⤊ 0⤋
um your entitled to it and also the BAQ ( or whatever they call it) also the medical benefits you should pick up a navy times and check out the attorneys in the back but you can also call legal aid, or the JAG office they will help you .
2006-09-19 00:08:29 · answer #9 · answered by waiting4myredemption 4 · 1⤊ 0⤋
you can always call a lawyer for a consult and some will do it for free and some will include in on your husbands bill ....
call around and ask questions...
2006-09-19 00:08:57 · answer #10 · answered by I hear ya 2 · 1⤊ 0⤋