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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41220
Experience:  I provide general practice and mediation & arbitration services to my clients.
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I am a 48 year WF who was married to a man years. We

Customer Question

I am a 48 year WF who was married to a man for 4 years. We divorced, and remarried. He has been abusive and makes no bones about it. After 7 years into our 2nd marriage, he is filing for divorce. He is pressing me for a non contested divorce. I have a car that I make the payments on. The car is in his name. Our house is in his name. I am a flight attendant and earn about 20k per year. He is a skilled worker and earns 150k plus per year. We reside in Georgia. He says that I am entitled to nothing, and that he is entitled to keep whatever he wants, which is basically everything except some of my clothes and some sentimental items my recently deceased father left me. I have been told by some of my family that I am entitled to far more than what I have indicated above. Please advise. Thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, was the home purchased while married? Please advise.

Customer: replied 1 year ago.

Yes.

Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your follow-up.

Your family happens to be correct as far letting you know that you are potentially entitled to more. As far as laws, Georgia happens to be an 'equitable distribution' state when it comes to marital property obtained while married. That essentially means that the courts try to fairly and equitably split assets, but not necessarily equally. But it does mean that you arguably have an equitable interest in real property such as the home, or the car. If the home was purchased for one price, and now is worth more, that growth in value is arguably a 'marital' growth, and you are entitled to half of it. So even if your name is ***** ***** the property, you are entitled to some of it as your ownership share. Likewise, since you have been married for a long enough period of time, you can demand alimony. Now, you are likely entitled for 15% to 30% of the difference in income between you, and you can demand such alimony from 50% to 75% of the length of the marriage, which boils down from about 3 1/2 years to about 5 years. The exact amount is up to attorneys or the judge, but you have every right to demand it and to pursue it in this instance.

Sincerely,

Dimitry, Esq.

Expert:  Dimitry Esquire replied 1 year ago.
Hi,
Please let me know if there is anything further that I can help answer for you. Otherwise, if satisfied, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you!
Sincerely,
Dimitry, Esq.