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How Long Is The Marriage?

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sylviat

Member
What is the name of your state? DC. If you have been married (on paper) for 15 years but you have no clue where your spouse has been for the last 6 years, and that spouse shows up after all of that time wanting a divorce, does that still mean that you have been married for 15 years? Will that 6 year time play out in awarding spousal support? In other words, will the last 6 years count?
 


Bali Hai

Senior Member
sylviat said:
What is the name of your state? DC. If you have been married (on paper) for 15 years but you have no clue where your spouse has been for the last 6 years, and that spouse shows up after all of that time wanting a divorce, does that still mean that you have been married for 15 years?

Yes.

Will that 6 year time play out in awarding spousal support? In other words, will the last 6 years count?
Depends on if you're a man.
 

Ohiogal

Queen Bee
Bali! Gender doesn't matter
Anyway, how have you been supporting yourself for the last 6 years? The court will look at that. You had to have been living somehow and therefore I wouldn't count on you being awarded spousal support. You may qualify for it as having a long term marriage (MAY) however there are strong arguments against you receiving anything because you have managed to survive the last six years without support from your spouse and your spouse has managed to survive that long without you. Normally spousal support is rehabilitative anyway until the party receiving is able to support themselves.
 

sylviat

Member
Ohiogal said:
Bali! Gender doesn't matter
Anyway, how have you been supporting yourself for the last 6 years? The court will look at that. You had to have been living somehow and therefore I wouldn't count on you being awarded spousal support. You may qualify for it as having a long term marriage (MAY) however there are strong arguments against you receiving anything because you have managed to survive the last six years without support from your spouse and your spouse has managed to survive that long without you. Normally spousal support is rehabilitative anyway until the party receiving is able to support themselves.
Interesting. I appreciate your last 2 sentences as my spouse claimed disability back in 2001. He left the area, did fine (with his new beau), they broke up and he is now seeking spousal support from me.
 

ceara19

Senior Member
sylviat said:
Interesting. I appreciate your last 2 sentences as my spouse claimed disability back in 2001. He left the area, did fine (with his new beau), they broke up and he is now seeking spousal support from me.
So not only did your husband decide to leave, he decided he was gay too?
 

sylviat

Member
ceara19 said:
So not only did your husband decide to leave, he decided he was gay too?
Let's say he was/is bi-sexual/on the downlow. In the late 90's he revealed that he was positive - as in HIV/AIDS.
 

ceara19

Senior Member
sylviat said:
Let's say he was/is bi-sexual/on the downlow. In the late 90's he revealed that he was positive - as in HIV/AIDS.
And now he has the nerve to ask YOU to support him! What a loser. I've got a friend who's wife left him for a woman. It's bad enough when your husband just up and leaves you, but it's got to be even worse if they leave you for another man. I wish I had some actual legal advice, but I hope you aren't forced to pay him support.
 

sylviat

Member
ceara19 said:
And now he has the nerve to ask YOU to support him! What a loser. I've got a friend who's wife left him for a woman. It's bad enough when your husband just up and leaves you, but it's got to be even worse if they leave you for another man. I wish I had some actual legal advice, but I hope you aren't forced to pay him support.
Thank you ceara19. I appreciate you saying that. It just doesn't seem right that people can do that and then have the audacity to ask for spousal support - especially after such a long time. He told me that it's the law - I will be forced to pay him, since I make substantially more than what his $700 a month allows him. He hasn't said a word for the last 6 years while he was being supported by his lovers. Now that he has no one, he figures he can get me to take care of him.

I just hope that when we go to trial, the judge can see straight through him. I failed to mention that we have one child that I have been supporting since he left with absolutely no help from him. Since he's on disability, he claims he has nothing to give and since the child gets an ssi check for $100+ change, he says that that's what he pays because of his ssi. Other than that - $0.

Does any one know if I would still be forced to pay him since I have the child and I make $50K+? He hasn't needed my money in all this time.
 

Ohiogal

Queen Bee
sylviat said:
Thank you ceara19. I appreciate you saying that. It just doesn't seem right that people can do that and then have the audacity to ask for spousal support - especially after such a long time. He told me that it's the law - I will be forced to pay him, since I make substantially more than what his $700 a month allows him. He hasn't said a word for the last 6 years while he was being supported by his lovers. Now that he has no one, he figures he can get me to take care of him.

I just hope that when we go to trial, the judge can see straight through him. I failed to mention that we have one child that I have been supporting since he left with absolutely no help from him. Since he's on disability, he claims he has nothing to give and since the child gets an ssi check for $100+ change, he says that that's what he pays because of his ssi. Other than that - $0.

Does any one know if I would still be forced to pay him since I have the child and I make $50K+? He hasn't needed my money in all this time.
Get yourself an attorney -- on your $50k it would be worth it. And why didn't you file a long time ago?
 

Bali Hai

Senior Member
Ohiogal said:
Get yourself an attorney -- on your $50k it would be worth it. And why didn't you file a long time ago?
Because she doesn't want to risk losing the house she bought during his absence.
 

sylviat

Member
Bali Hai said:
Because she doesn't want to risk losing the house she bought during his absence.
You are too funny! I always read your posts and you are death on women! I'm glad I have a sense of humor because you can be offensive, but it's okay. Sometimes you say the truth but not in this particular case.

Actually, he was no where to be found so I couldn't serve him papers. Because I have posted here before, I didn't want to put the whole long drawn out story again, but for your information Mr. Hai, I just bought a house recently and because of the DC marital property laws I don't have to worry about that.
 

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