Legal Question in Family Law in California
What are my rights in this divorce?
Situation:
6 years of marriage. in our 30s
She had 4 affairs and now that I know, we are splitting up.
Our assets and debts are pretty equal and we agree on them. First question: She took on a $40K student loan before we were married and I helped support her through school with my job (her employment has been spotty). Since the loan was taken on before we were married (but living together for a year at that point), do we have to divide that, or is it all hers like we think it is (she does not think I should have to help with it either so that is good) but what does the law say?
Second question: Am I entitled to more than 50% given that she had affairs and I helped put her through school for an advanced degree?
2 Answers from Attorneys
Re: What are my rights in this divorce?
You won't get more than 50%. CA is a "no fault" state, meaning the court will not consider conduct.
The student loan is her separate debt; that would be true in this case even if she incurred the loan during the marriage. You may be entitled to one-half of whatever was paid down on the loan during the marriage.
Re: What are my rights in this divorce?
California is a "no fault" state. Meaning, the spouses can divorce and have their property allocated without proving that somebody caused the marriage to fail. California is a community property state which means the spouses split all community property 50/50. The school debt is her debt, unless you cosigned, and you would be entitled to a "credit" for payments made to further her education. You should really hire a lawyer.