My wife and I are thinking of divorce. Does she get half of my assets?
We have a 5 year old kid. How much do I pay my wife for child support?
Also, where do we file the divorce papers? We were married in Lucknow and I would prefer to go to court in Lucknow. While she might insist on Delhi. Can I control this?
Thanks so much for your advice
2007-01-04 07:44:36 · 16 answers · asked by askguys 1 in Family & Relationships ➔ Marriage & Divorce
Does she get 50% of all assets? Does she get the money which is in my IRA and 401k? What about 529 account? I am the owner of 529 account.
2007-01-04 08:19:38 · update #1
First of all your facts are not sufficient. Are you to married under the Hindu Marriage Act,1955 according to Hindu rites & ceremonies? If yes then you can file divorce papers in Lucknow where the marriage was solemnized. As far as your wife if she is concerned she also can file divorce petition in Delhi if she is staying in Delhi. It will be better you two decide amongst your self where you want to file the divorce petition. By the way if you are thinking of taking divorce on mutual consent under the Hindu Marriage Act,1955 then let me inform you that there is no such provision in this Act for such a Divorce. The divorce on the ground of mutual consent is only available under the provision of the Special Marriage Act,1954 & you people can avail this only if either you both are married under this Act or your marriage is registered under this Act. Now as far as the Permanent Alimony & maintenance is concerned in any divorce case such are decided by the court based on the income of the party/parties, their monthly reasonable expenses, expenses that will incur for the child/children e.g. schooling, books etc, Movable & immovable properties of the both the parties. Based on these criteria’s the family court fix a lump sum amount or monthly installment as is fit for the case. If you want ant further inquiry send me personal email im Advocate of 24years standing.
2007-01-04 22:39:27 · answer #1 · answered by bisexualmale s 6 · 1⤊ 0⤋
It is not necessary that u will have to part from half of Ur assets, There must be valid ground for the divorce, Again the Child is a Male one or a Female One, Who is going to take custody of the Child, Who is going to File the divorce application , these factors would help in answering Ur question,
Better to seek advice of a LAWYER
2007-01-05 05:10:08 · answer #2 · answered by AVANISH JI 5 · 0⤊ 0⤋
First think hundred of times for Divorce. Think the future of your child & his effects when he grows. Taking divorce is easy but the side effects are very high. First think hire a good lawyer, File the temperory suit in court, You will have to stay 6 months to 2 years away from each other. It depends on how you apply for divorce, If you prove that she is having extra natrail affairs, than you dont have to pay a penny.
2007-01-04 23:49:04 · answer #3 · answered by rockylike007 3 · 0⤊ 0⤋
Not sure where you are from but in most states in USA they only get half of community assests meaning stuff in both names but the child support is usually a minimum of 17% of your income before taxes for one child. as for the court again depend on where you are from call a court clerk and find out! alimony most likely will only be granted if you have been married very long and she relyed on your income to get by meaning like for example if she was a stay at home mom and was not able to work or go to school but if you werent married for more than 10 years that probably wont happen
2007-01-04 08:06:33 · answer #4 · answered by me 3 · 0⤊ 0⤋
Get a lawyer who can answer these questions. However, your decision to stay married or divorce should not turn on money. It should turn on how you two feel about each other and what you have done, and still can do, to save your marriage.
2007-01-04 07:49:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First of all,you should try to take most of the money from bank accounts and try to withdraw what ever you can from retirement or other funds.Be sure that you can show that you have spent all this money on the household or on the baby.Keep your monthly income to minimum possible amount.Borrow some money from any source so that your net assets should be minimum.Good luck.
2007-01-05 13:11:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
depends upon how long u were married.
In the state of Texas if u are married for 10 years or more the wife gets 50% of everything.....and if u committed adultry and the wife can prove it --- she gets 60% of everything.
child support in the State of Texas is 20% of whatever your take home pay is.
In Texas alimony is almost impossible to get...in other states tho yes u may have to pay that as well
2007-01-04 07:51:58 · answer #7 · answered by sunbun 6 · 0⤊ 0⤋
a good family lawyer can advise you on this, but first chec the reason for divorce if both of your'll can sort it out amicabily it's good , but if she is adamant the lawyer will be able to help you, take care
2007-01-04 18:34:07 · answer #8 · answered by stanley 2 · 0⤊ 0⤋
Where the heck is Lucknow? Delhi? Are you in India?
Just contact a lawyer.
2007-01-04 07:48:29 · answer #9 · answered by fucose_man 5 · 0⤊ 0⤋
yea your wife gets half of your assets if you own a buisiness she would own half of that... child support depends on who has custody if you have joint custody then payment would be lower but if one parent has primary custody then for 1 child it can be as high as $1,000.00 possibly more, but that depends on your income! the location of your trial im not sure about that
2007-01-04 07:50:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋