things are not working out she want to know if she leaves will she get 1/2 of the things they own that was bought after they was married and will the law make him help her to get by until she gets her money comming in from not being able to work anyone help her on this
and thanks ahead
2007-05-18 07:58:27 · 9 answers · asked by sunshine 2 in Family & Relationships ➔ Marriage & Divorce
Depends on the marraige laws in the state. For instance, here in Texas it is very hard to get an alimony award from him if she divorces. Also, Texas is a "community property" state meaning that whatever property came into the marriage by each party remains with that party upon divorce. Finally, if she put in 50% after they were married, then the marital assets will be divided up that way. She REALLY needs a lawyer to help her sort out what she is legally entitled to.
2007-05-18 08:05:04 · answer #1 · answered by Anonymous · 0⤊ 0⤋
She jumped in to a marriage, then she should consider how to jump in to making the marriage work and not how to jump out of the marriage. Society may have made marriage in to a light switch that can be turned on and off, but that does not mean that people should follow suit. Further, marriage is not just a contract that provides monetary support. If I make a mistake that costs me money, then I suck it up and absorb the loss. I don't run out looking for a schmuck to bear the burden for me.
I could have gone the divorce route after my wife was diagnosed with cancer, but I didn't. I wouldn't have been able to look myself in the mirror if I had done that.
I know this is not what your friend wants to hear, but it is what she needs to hear and her husband too.
2007-05-18 15:16:56 · answer #2 · answered by Randy 5 · 0⤊ 0⤋
It depends on what state she is in. In some states they consider all possessions, that belong to a married couple, commutative property, meaning that she could sell everything in the house and keep all of the money, and there is nothing he could do about it. Also most states will divide property during the divorce hearing. As far as helping her get on her feet, if he is the soul provider for the family most courts will have him provide support for her until she gets on her feet, its called spousal support or alimony. If she does this she will have to provide documentation of her income at the divorce hearing. She will probably need to get a good attorney though. Hope this helps.
2007-05-18 15:07:01 · answer #3 · answered by Slugger#4 2 · 0⤊ 0⤋
she'll get 1/2 of what they have purchased since being married but on the flip side she can also get half the debt as well. if they just bought a new home seems as if they my not have equity in it so she may have to pay in order for someone to buy or give up all rights. you to letigation. as far as him keeping her up? No he may not have to do this unless she can get him for alimony. that would be the only way.
2007-05-18 15:05:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes on both questions. Now since this is a short term marriage the Judge willprobably order marriage counseling to see if this marriage can be saved before deciding so be prepared for this.
2007-05-18 15:07:50 · answer #5 · answered by Arthur W 7 · 1⤊ 0⤋
courts cant really make him help her with money unless she goes for like alomony and will only get that if she can prove she is used to living a certine way but it would probably be easier just for her to get a good job and get a cheap place till she gets back on her feet
2007-05-18 15:04:28 · answer #6 · answered by f f 2 · 0⤊ 0⤋
My best advice is to MIND YOUR OWN BUSINESS. It's not right to post other people's business on the internet. especially when it doesn't even concern you. Tell your friend to talk to a lawyer not the internet!
2007-05-18 15:09:15 · answer #7 · answered by sugarBear 6 · 0⤊ 1⤋
yes and yes. She should get an attorney though to get the details worked out beforehand.
2007-05-18 15:03:58 · answer #8 · answered by undone 4 · 0⤊ 0⤋
She should see a lawyer.
2007-05-18 15:03:57 · answer #9 · answered by Ian S 3 · 0⤊ 0⤋