How is property be divided during the divorce?
All property is considered to be marital property unless it can be proven that it is separate property. Separate property is property owned by one spouse prior to the marriage, property that was inherited and never commingle and property that was given as a gift to one spouse or the other.
Other issues that will be taken into consideration when dividing property are the earning power of each spouse, the expectation of a return on retirement benefits, contributions made by one spouse to the education or career development of the other spouse and the need of a custodial parent to stay in the marital home.
Will I receive spousal support?
State laws differ from state to state when it comes to the issue of spousal support. Your attorney will be able to advise you on how it is normally handled in your state. One issue that most states take into consideration is the earning ability of the wife, whether she was a stay at home mom and how much she contributed to her husband’s career.
As a general rule a wife is considered a dependent spouse if she makes less money that her husband and is substantially dependent upon him for her maintenance and support. This applies to either a wife or husband.
My husband is abusive, what can I do to protect myself during the divorce process?
You need to protect yourself before, during and after your divorce by filing a restraining order against your husband. The kind of assistance you can receive differs from state to state. There are state domestic abuse resources and programs available that you should take advantage of.
How much child support will I have to pay?
Every state has their own child support guidelines. Issues considered when determining child support are the incomes of each parent, how much time each parent spends with the children and whether there are any special needs associated with raising the child.
If my ex doesn’t pay child support may I withhold visitation?
No, Child Support and Visitation are two separate issues. If you withhold visitation you can be held in contempt of court. If your ex is not paying child support you should see an attorney who will advise you on how to recover the lost child support and to further insure that your spouse makes future child support payments.
Can I stop paying child support if my ex won’t let me see my children?
No. If you withhold child support, you can be held in contempt of court. You should see an attorney who will be able to advise you on what steps you need to take to ensure visitation with your children and that your right to see and parent your children is no longer interfered with.
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