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need divorce advice please!!

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smith_ca16@yaho

Junior Member
What is the name of your state (only U.S. law)? California.

Hello, my name is Chris and my wife recently filed for divorce. I am unemployed and had to move out of her condo. I want to take her to court to try to get spousal support as well as get back the money that I have put into the mortgage for her condo for the 2 years that we have been married. I have no money due to the fact that I am unemployed and had to put up quite a bit of money to move out of her place. I cannot afford to pay a retainer for a lawyer and wish to find out how I can get help with this matter. We did sign a prenuptual agreement, but I understand so far that I am entitled to spousal support and the money that I paid for her mortgage. I also spoke to a lawyer breifly about this matter and he suggested that I go to her attorney and to try to work out a settlement out of court. Please, anyone, can you help me??
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? California.

Hello, my name is Chris and my wife recently filed for divorce. I am unemployed and had to move out of her condo. I want to take her to court to try to get spousal support as well as get back the money that I have put into the mortgage for her condo for the 2 years that we have been married. I have no money due to the fact that I am unemployed and had to put up quite a bit of money to move out of her place. I cannot afford to pay a retainer for a lawyer and wish to find out how I can get help with this matter. We did sign a prenuptual agreement, but I understand so far that I am entitled to spousal support and the money that I paid for her mortgage. I also spoke to a lawyer breifly about this matter and he suggested that I go to her attorney and to try to work out a settlement out of court. Please, anyone, can you help me??
how were you supporting yourself before you were married?
 

Zigner

Senior Member, Non-Attorney
And what makes you think you're entitled to anything back for your housing payments over the last two years? :rolleyes:
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California.

Hello, my name is Chris and my wife recently filed for divorce. I am unemployed and had to move out of her condo. I want to take her to court to try to get spousal support as well as get back the money that I have put into the mortgage for her condo for the 2 years that we have been married. I have no money due to the fact that I am unemployed and had to put up quite a bit of money to move out of her place. I cannot afford to pay a retainer for a lawyer and wish to find out how I can get help with this matter. We did sign a prenuptual agreement, but I understand so far that I am entitled to spousal support and the money that I paid for her mortgage. I also spoke to a lawyer breifly about this matter and he suggested that I go to her attorney and to try to work out a settlement out of court. Please, anyone, can you help me??
The odds of you getting any kind of spousal support for a two year marriage are slim to none.

You also don't get back the money you paid towards housing either. What you might be entitled to is 1/2 of the equity in the home that accrued during the two years that you were married. However, since housing values have plummeted during the last two years its quite possible that no equity accrued during your married, but rather that the condo went down in value.

You also have a prenup, and that is going to factor in as well, and we have no idea what that prenup says.

By all means, try to work out a settlement with her attorney, but don't expect much.
 

bummer

Junior Member
I don't know what your prenup says but as far as equity in the house, if any, and principal paid down on the morgage check out the Moore Marsden calculation.
 

Alabaster

Junior Member
Here is the deal

Your prenup may very well not hold up, if it is challenged. I am guessing, that one or both of the parties was unrepresented by a lawyer when you signed the prenup. It may not be worth the paper it's written on.

Don't listen to anyone who tells you that you're not entitled to spousal support for a two-year marriage. Even though yours is a short-term marriage, you are generally entitled to support for one-half the length of the marriage - in your case, a year... unless it was waived by a VALID prenup. Go to your county's family court and speak to the Facilitator's office. They will tell you what you need to do.

As far as the mortgage payments go, you did not provide enough information to give a meaningful answer. Was this her separate property house that you were using your community property salary to pay off?
 

mistoffolees

Senior Member
Don't listen to anyone who tells you that you're not entitled to spousal support for a two-year marriage. Even though yours is a short-term marriage, you are generally entitled to support for one-half the length of the marriage - in your case, a year... unless it was waived by a VALID prenup.
Well, you're closer than the others, but still not quite right.

He is not ENTITLED to spousal support. Rather, in California, there is a PRESUMPTION of spousal support for 1/2 the length of the marriage for marriages under 10 years (like so many things, rules in CA are strange). However, that's a rebuttable presumption and there are certainly many cases where it would not be awarded. Furthermore, the judges in CA seem to have a great deal of latitude.

So, he's not entitled to a year of support, but the statutes clearly allow for it - and there is a presumption that it would be awarded unless there's a good reason why not.

That good reason, though, would include a situation where the spouses have very similar incomes (which is apparently not the case here), but it would account for many cases where spousal support is not awarded.
 

LdiJ

Senior Member
Issy, I've NEVER heard you ask the same question to a blood sucking alimony seeking wench seeking an answer to the same question. Do you have a DOUBLE standard for these matters???
Bali, please post a link to one, single thread on these forums where anyone, in a short term marriage, who is the potential payee, has been told that they have a decent shot at alimony.

Yes, we have warned some potential payers that they might be on the hook for short term alimony in a short term marriage, but no senior member here has ever told a potential payee in a short term marriage that they have any real shot.

Why?...because despite what Alabaster said, they don't...not even in CA.
 

Bali Hai

Senior Member
Bali, please post a link to one, single thread on these forums where anyone, in a short term marriage, who is the potential payee, has been told that they have a decent shot at alimony.

Yes, we have warned some potential payers that they might be on the hook for short term alimony in a short term marriage, but no senior member here has ever told a potential payee in a short term marriage that they have any real shot.

If the potential payers might be on the hook for short term alimony, why wouldn't the potential payee in a short term marriage have any real shot???

Your statement is contridicatory.


Why?...because despite what Alabaster said, they don't...not even in CA.
Well, I tried to search out one of your links regarding this subject, but became discouraged because of your many many lenghty posts.

I propose to point out a future post when it becomes available.
 

mistoffolees

Senior Member
Bali, please post a link to one, single thread on these forums where anyone, in a short term marriage, who is the potential payee, has been told that they have a decent shot at alimony.
In CA, alimony can be awarded for short term marriages - and it's actually quite generous (1/2 of the term of the marriage for marriages under 10 years). So, there ARE times when short term marriages give the lower income spouse a decent shot at alimony.

In this case, the prenup may or may not override that, but the general principle remains.
 

LdiJ

Senior Member
In CA, alimony can be awarded for short term marriages - and it's actually quite generous (1/2 of the term of the marriage for marriages under 10 years). So, there ARE times when short term marriages give the lower income spouse a decent shot at alimony.

In this case, the prenup may or may not override that, but the general principle remains.
That wasn't my point.
 

mistoffolees

Senior Member
That wasn't my point.
I was responding to this statement which you made: "Bali, please post a link to one, single thread on these forums where anyone, in a short term marriage, who is the potential payee, has been told that they have a decent shot at alimony."

If that wasn't your point, just what WAS the point of that statement?
 

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