What is the name of your state (only U.S. law)? CA
My wife and I were married in August of 2009. Shortly after, she moved from where she was living in NY to where I was living in NC. Being in the military, we then both moved to CA a few months later. After a few months of living here, arguments ensued and I realized things weren't working out. Unfortunately before that time, we realized she was pregnant (with our second child.) I stayed in the home and tried to make things work but they just got worse. Right before the birth of our child, I moved out, and she filed for divorce. A month later she rescinded her divorce, also moved out of the home, then moved in with her parents in OH, taking my children with her, and filed for child support in OH. I then filed for divorce myself in CA. She does not have a job, and hasn't had one since moving to NC. Our child is now seven months old, and she's fairly capable of having one. It was never discussed that she would be a stay at home mom; once she found out she was pregnant with our second she became lazy and refused to pursue employment, stating she was always too tired. Now we have both lawyered up and I wonder if this is going to be a long fight. What are the chance of her being awarded alimony? Before she moved to NC our incomes were pretty much similar, and I was paying her child support through the state of NY. Being as though she has already filed for child support in OH (and there is a current order), can she instead cancel that order and open a new one in CA (as I would imagine her lawyer may advise since the cost of living is a lot more in CA.) We have no assets to divide (she currently drives a car that I am still making the car payment on.)
My wife and I were married in August of 2009. Shortly after, she moved from where she was living in NY to where I was living in NC. Being in the military, we then both moved to CA a few months later. After a few months of living here, arguments ensued and I realized things weren't working out. Unfortunately before that time, we realized she was pregnant (with our second child.) I stayed in the home and tried to make things work but they just got worse. Right before the birth of our child, I moved out, and she filed for divorce. A month later she rescinded her divorce, also moved out of the home, then moved in with her parents in OH, taking my children with her, and filed for child support in OH. I then filed for divorce myself in CA. She does not have a job, and hasn't had one since moving to NC. Our child is now seven months old, and she's fairly capable of having one. It was never discussed that she would be a stay at home mom; once she found out she was pregnant with our second she became lazy and refused to pursue employment, stating she was always too tired. Now we have both lawyered up and I wonder if this is going to be a long fight. What are the chance of her being awarded alimony? Before she moved to NC our incomes were pretty much similar, and I was paying her child support through the state of NY. Being as though she has already filed for child support in OH (and there is a current order), can she instead cancel that order and open a new one in CA (as I would imagine her lawyer may advise since the cost of living is a lot more in CA.) We have no assets to divide (she currently drives a car that I am still making the car payment on.)