Trixie1475
New
Reged: 07/04/08
Posts: 2
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Hi everyone,
Here is the scenerio.
I will be married one year this July.
My spouse makes $75K. He owned a house before we married and lived in Victorville.
I am a hairstylist by trade but it was agreed by both of us, when we got married that I worked one day every two weeks just to get out of the house, as my workplace is 2 hours away from Victorville. I have a son from a previous marriage, however my ex does not work and I receive no child support for my 11yr old.
Now my husband says he realizes that he made a terrible mistake, that he doesn't love me and wants a divorce. Am I entitled to any spousal support? Also, do I have to give up my home? I have relocated and given up alot to be with him as has my son. My ex even moved just to be able to be close to his son. How will the property be divided with us only being married one year?
Help please!!!
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allthumbs
Platinum
Reged: 07/12/07
Posts: 457
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If and when you divorce, you may possibly get TEMPORARY Spousal Support until things are settled and the divorce is final. You MAY even get to stay in your husband's home for a little while. The ONLY reason I say this is because 1) you are not currently employed and 2) you have a minor child. SO, the court isn't going to throw you out into the cold. BUT, under CA. law, you are not entitled to any part of his house or long term spousal support or child support, unless your new husband adopted your son. The boy's father will have to pay child support unless he is completely disabled and you will have to go back to work. You will have a little time but probably less than a year. Also, being married less than a year, your now husband could even consider an annulment. Some grounds could be:
Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including the following:
1. Either spouse was already married to someone else at the time of the marriage in question;
2. Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age.)
3. Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4. Either spouse was mentally incompetent at the time of the marriage;
5. The consent to the marriage was based on fraud or force;
6. Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7. The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8. Prisoners sentenced to a term of life imprisonment may not marry.
9. Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
The guilty party -- the one with responsibility for having caused the defect in the marriage -- is ordinarily disentitled to request a declaration of nullity. The victimized spouse may ordinarily apply for innocent spouse relief. The fact that a marriage was a nullity ordinarily does not prevent an innocent spouse from collecting the financial benefits of marriage, such as the rights to community property, spousal support, child support, and equitable contribution to attorney fees for litigation expenses.
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Trixie1475
New
Reged: 07/04/08
Posts: 2
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Thank you for your response.
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gigi
Platinum
Reged: 11/06/06
Posts: 5049
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One year is almost never a spousal maintanence situation. And working only 2 days a week because as a hairstylist you couldn't find work closer to home would be ... well, laughed at... in a court of that locale. The judge will remember what a hard time his wife had in finding a decent stylist and how his neighbor, whose wife is a salon owner and can't keep stylists longer than a year because they're all wanting to move to the bigger city 2 hours away... someone is going to look at you and say, "so? Get a full time job here!" and basically tell you to go away.
But all is not lost... you'll probably get some help with expenses in moving back (your ex, probably not, though... it's his stupid decision to let you take his kid away from his hometown in the first place and decide to move there in the second place). OR if you want to stay, you may get some expenses paid while the divorce is pending so that you can find a job there.
There is no way they're going to say taht a relatively high earner who makes a mistake and marries a low earner is now bound to pay for her expenses for any length of time... he paid for you to live, relatively comfortably... probably in more comfort than you had before because you had to work less than half the time of yoru previous life... for a year. He'll probably have to give you a little to get back on your feet, but otehr than that, don't expect much.
There are statutes all over the place explaining that alimony can be given if there is fault, if one spouse moves for the other, etc., etc... but those are general guidelines and the judge will also consider the OTHER guidelines, like the length of the marriage and whether or not you have the opportunity to earn just as much as you were earning a year ago when you married him, if only you go back... and in a very short marriage, the considerations will probably be that he owes you just enough to get re-settled soemplace else. I know that's not what you want to hear, but that's what it probably is. Now that you know he intends to separate, your first move needs to be to either find full time employment where you are OR return to full time employment in your old place and ask him for help in moving you back.
Good luck.
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taryn
Platinum
Reged: 05/31/07
Posts: 2257
Loc: Hell...but im coming back up, ...
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Married A Year, Will There Be Spousal Support?
>>>>
uh...No....
--------------------
taryn.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 457
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In CA. courts typically will award TEMPORARY Spousal and Child Support until the case is settled. This is to maintain the status quo until settlement or trial.
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gigi
Platinum
Reged: 11/06/06
Posts: 5049
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Well, for this one, I think she needs to do more than maintain the status quo. I think she NEEDS to spend the separation time and temporary support money working to increase her own income and figuring out where she wants to live (and moving there).
I know the purpose of temporary support is stated at maintaining the status quo, but anyone who receives temporary support and ONLY maintains the status quo with it will find themselves WAY behind when the divorce is final and teh temporary support vanishes.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 457
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Oh, I'm in agreement 100%. But the poster was asking, is there ever any SS in a 1 yr. marriage. And to say absolutely not, ever, would be misleading and incorrect. You see, the state does not want that lady and her child to go on welfare, so they will almost always look to the other spouse to support them, temporarily, until they are back on their feet within a reasonable and short period of time. So, in CA, temp. SS is not uncommon but almost always given to the lower income earner until the divorce is final or until the court orders otherwise. As usual, it is up to the court's discretion but since the lady has a minor child and is presently underemployed, in all probability, the court will order short term SS and even CS until things are settled. She should be prepared to support herself in the near future and the court would most likely tell her that she gets 6 months or something like that, to get a full time job and make separate living arrangements. Maintaining the status quo is just temporary but not uncommon.
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