What does the wife get in a divorce?

Question

Right now divorce is happening. What does the wife get in the divorce if there is no pre-nup?? What does she get if were just a regular, like suburban family? Does she get half? What about if she had an affair, and you have proof, like the cellphone records with the number of that person of the cause of the marriage? What if you also have a text message of the misteress that says I love you...that shows she was cheating on the marriage for like a month or two? Does that cut her off on what she can get in the divorce? Does she still get half even if I have this proof that she was cheating for like a month or two?? Can a lawyer help to stop her from taking anything with this information?? Please answer only if your positive about your answers, Thanks

Answer 1

As has been pointed out, the law states that in a "no-fault" state it doesn't matter what caused the split. Assets are divided equally. Fact of the matter is a good lawyer will get the fact that she had an affair accidentally slipped into court record. There aren't many people who will sympathize with a cheating spouse. With this information out there, she will probably get less than half, but not by much. Only go to court if your estate is enough to make this worth while after the attorney fee.

Answer 2

First of all it depends on what country you live in, what state you are in if you're in the U.S. as each states has it's own laws governing divorce/family law. If you live in a community property state both spouses get half of everything. Most states nowadays do not recognize adultery as grounds for divorce so even if you have proof it would be meaningless. A lawyer can not stop her from taking anything. Being a part of the marriage she is entitled to a portion of whatever was brought into the marriage, if you didn't want her to get anything IF there was a divorce you should have had a prenup BEFORE you got married.

Answer 3

It depends entirely on the law of the state where you live. In NC, if a divorcing couple can't reach a property settlement agreement on their own, we have what's called equitable distribution, where the court classifies the assets of the divorcing couple as marital or separate and then decides on an equitable (fair) way to divide the marital assets. Each party keeps their own separate assets. "Yes and no. Obviously state laws vary, but there seems to be a general consensus that your property is separate until you reach your 10th anniversary, that is the point that most Courts would divide the estate in half and the possibility of alimony could be awarded." Where are you getting that from? I've done a survey of several states' alimony and property division law, and if there's anything that's a "general consensus," it's this: marital rights like equitable distribution and alimony kick in the day you get married, but courts generally have discretion to consider the length of the marriage as *one* factor among several in determining a "just and reasonable" alimony and/or property award. I do know one example of a ten-year-marriage-length rule, but that involves Social Security rights; if you're divorced and your ex-spouse dies, you can still collect on his/her Social Security benefits if the marriage lasted ten years or more.

Answer 4

If you're in the US, most states are community property states, and "no fault" divorce. They really don't care who was doing what and why.

The best rule of thumb is that she'll get half of all assets accumulated during the course of the marriage.

It varies from state to state and even in the same court, it'll depend on which judge you get. I live in a community property / no fault divorce state and I've seen men get seriously screwed in a divorce, and I've seen women get seriously screwed. I've also seen the standard 50-50 split of assets.

Answer 5

All divorces are different in the way they come out. Some times the man gets it all and sometimes the woman does. Sometimes it is 50/50.

In mine that I got, I got all the furniture and my clothes. I did get to live in the mobile home for about 6 months that was setting on 10 acres of land with big barn and pond on it. But after 6 months, I had to move off of it and then he got it. I am the one that got the kids too but I still had to move out of our house. But in the end HE did loose it all and the business that we had together because he let his girlfriend talk him into putting everything in her name so that he wouldn't lose it in court, as he was ordered to sell everything and pay off all debts that we had and then split the money. I only got $700.00 and that went to my lawyer, but the day the divorce was granted, his girlfriend kicked him out of the house and took his business as well.

It will be up to your lawyer, her lawyer and the judge as to who gets what, and how much money you will pay her for child support if you had any kids together and what ages they are. If you can prove her as an unfit mother, it is better on you. They don't care who cheated on who, at least they don't here where I am from.

Answer 6

All of your answers will depend on the type of property state you live in, who filed for divorce, and the grounds for divorce. Based on what you have asked, you need to be in contact with a good divorce attorney and asking them questions now. A good attorney will tell you these answers and provide you with the information you need. Contact your local ABA if your friends or co-workers cannot recommend someone.

Best of luck.

Answer 7

Sad but true, the law does not punish the one who created marital problems by adultery, but adultery is grounds for divorce. She will get half. So knowing this fact will help you spend less on the attorney, because you can get right down to business. Don't be afraid to tell your atorney what to do, and if he/she seems bad soon on, terminate him and seek a new one.

Answer 8

First off, you NEED to talk to a lawyer immediately. Secondly, in most states, having an affair is not grounds for her to be ineligible for half of the estate. It looks like you're stuck with giving her half...but seek the advice of a professional in your state.

Answer 9

'I have been with my husband 35 years met him when I was 18 in 1981 married in 1988 he has cheated on me the whole time his job was a welder so it would take him out of town even engaged with another woman we had one daughter together and I had a son from when I was 17 and he had a son from his wife, be for
me. I took care of all of the children because his ex-wife died so his son at a young age moved in with us he has made me go crazy he has slept with all my friends and my sister, but could never catch him I found out later his dad militated my daughter when she went to visit one summer and at that time I found out my husband new that his fatter had been with his own sisters than I found out he was sleeping with my mom making me crazy no one believed me it took years before they knew the truth my own children did not even believe me for gave him but I can't forget I am having a hard time with this. I know now that I aloud him to do this to me because I went back again again now I am in mental health because of all of this had used drug trying to forget, but all we do now is fight because I can't be with him he makes me sick so I am filing a divorce right now and I needed to no how much can I ask for support' one more thing he slept with his own sister as well is there a differnes

Answer 10

The courts don't give a CRAP if someone cheat-sorry bro. But for your future knowledge



La Donna e Mobile

and moreso...

Qeusto o Quella

are two Opera arias that come to mind