My daughter has been married for 7 months and her husband is in the Army. She found out a few days ago that he is seeing a girl from Germany, where he was stationed until this week, now he is in Afganistan.She is so hurt that she wants a divorce.
2007-05-19 06:33:19 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It largely depends on the state. Many states are "no fault" states making the reason for the divorce irrelevant. Spousal support is not universaly applied. Have her get an attorney. The short term of the marriage will not work to her benefit. Perhaps an annulment would be the best course of action.
2007-05-19 06:38:32 · answer #1 · answered by quiettype 2 · 0⤊ 0⤋
The majority of courts have only no fault divorce, which means a cheating spouse is not an considered subject in court. Spousal support is usually a option if the parties have been married for many years, and a spouse makes at least more money than someone who might be considered middle class. The strongest argument for spousal support is at least 10 years of marriage and if you can show you sacrificed working on your own career to help your spouse with his or her career. With only 7 months of marriage and I assume no children all you will probably get is half his pension value for the time period your where married which would be next to nothing because of the short time you have been married.
2007-05-19 07:14:30 · answer #2 · answered by John 2 · 0⤊ 0⤋
In the U.S. very few courts award spousal support. The reason being that both parties in the divorce are considered in good health and able to support themselves. However the court will allow spousal support for a liminted time if one of the partners has been a stay at home parent/has not worked outside the home during the marriage. The time limit is usually 6 months, this is so the "displaced" spouse can become enrolled in a training program if necessary, to purchase the type of clothing needed to work outside the home and for gas, getting to and from job interviews etc. I suggest she start looking for a job rather than expecting spousal support that she probably won't get...especially if no children are involved.
2007-05-19 07:07:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First I would have her verify the correctness of this information. Consider the source and if the source is not her H then she needs to point blank ask him at the appropriate time. He is doing very difficult work right now and it will serve no purpose to jump to divorce him. Maintain the status quo until he is state side. If she is able to work and has no children she should expect little or no spousal support. Not one single attorney or judge will care that he cheated if she lives in a no fault divorce state.
All the experts agree it is never wise to share marital woes with a parent. If she needs to vent there is help for her through the military and she should contact them. I know it is difficult to see your child in pain but she was a big enough girl to marry so she is big enough to handle this herself.
Help for families in the military experiencing this common problem are not left to handle this alone. She only needs to ask for the available help.
2007-05-19 07:44:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The divorce law varies for each state, but on average you can ask for spousal support after 10 years of marriage (unless you live in California, you only need to be married like 5 minutes)...but seriously, most judges won't grant spousal support after only 7 months of marriage, even if you can prove he is cheating...on the other hand, she might gain a higher percentage of the marital assets by proving adultery on his part (but again, it varies by state)...Hope this helps!
2007-05-19 07:04:11 · answer #5 · answered by Dokdouglas 4 · 0⤊ 0⤋
First of all, how did she found out if he's away?
He could have deny it very easy if you people doesn't have any clue on how to handle it right. And it's sounds fishy you know...7 mths on the marriage...accusing him while he's away...after him to get a spousal support while he's away and divorce you think is a quick way to get money out from him? I won't buy your excuse unless you get a lawyer to prove it.
2007-05-19 06:51:50 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Call an attorney. But, let her do it. If she is old enough to be married, then she is old enough to get a divorce on her own. But, she needs to talk to him and figure out if she can forgive him. Many marriages go through this kind of thing and become stronger. I don't know if I could, but she might be stronger than I am.If he is in harm's way , it would be distracting for him to be dealing with divorce now. We have lost enough soldiers! Maybe she can wait until they can be together and think it thru.
2007-05-19 06:46:58 · answer #7 · answered by oldknowitall 7 · 0⤊ 1⤋
How does she know he was cheating? I am curious as to how somebody in this country knows what is going on in foreign countries? Hells bells and little fishhooks; I find it hard to find out what is going on 60 miles from where I live; let alone halfway around the world. I would require that any evidence of wrongdoing be on paper, signed by three people and notarized.
2007-05-19 06:57:02 · answer #8 · answered by acmeraven 7 · 0⤊ 0⤋
This reminds me of myself! I went through the same thing! I don't know about spousal support, but if he's cheating and she can prove it I hope she's able to get it! Best Wishes!
2007-05-19 06:49:36 · answer #9 · answered by * lovemykids * 2 · 1⤊ 0⤋
She can ask! If goes through dissolution, it has to be agreed. If he doesn't agree, and she wants to pursue it it will have to be divorce( more money) If she is entitled to anything it will be minimal and only for a short time because of length of marriage and if she is young and can work. She can ask for share of assets but she will also have to pay half of marital debt
2007-05-19 06:46:03 · answer #10 · answered by shandy 1 · 0⤊ 0⤋