Legal Question in Family Law in California

What do I stand to lose?

I have been married just under a year and I have found out that my husband has been doing something behind my back and refuses to stop. I want to file for a divorce, but I will I lose everything? I came into the marriage with a home that is still in my name. He has been out of work more than he has been working in the last year. Will I have to pay alimony since I have been paying most of the bills that he came into the marriage with (including his child support from a previous marriage)?


Asked on 8/21/01, 4:39 pm

3 Answers from Attorneys

Adam Gurley Law Offices of Adam N. Gurley

Re: What do I stand to lose?

The quick answer is probably not much. As long as the house still stands in your name, it is probably all yours. It might have some small community property portion if you made payments during the term of marriage with community funds. As to alimony, your posting fails to state why he has not been working. The length of any support is likely to be quite short because of the short-term of the marriage. However, if he has a physical problems that prevent him from working, the support period might be extended.

If you are in the Bay Area, you are welcome to call me.

Adam N. Gurley

415.334.8439

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Answered on 8/21/01, 9:04 pm

Re: What do I stand to lose?

You're certainly not going to lose everything and more than likely, nothing close to that. The general rule of thumb for spousal support where one spouse makes more than the other is 1/2 the life the marriage. Moreover, as long as the house remained in your name and you haven't "converted" it to community property, you should be safe there too. There may be some reimbursement issues. For example, if you paid the mortgage out of community funds during the marriage, you may have to reimburse the community for those funds. This should be resolvable fairly easily. If you're in the Los Angeles area, please feel free to give me a call. 310-385-8620.

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Answered on 8/22/01, 12:16 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: What do I stand to lose?

Usually a spouse is entitled to support to maintain the standard of living enjoyed during marriage until their income from his or her own employment increases. Spousal support usually does not last a lifetime however, and is usually limited to one half of the length of the marriage. Please call me directly at (619) 222-3504.

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Answered on 8/22/01, 11:19 am


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