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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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If your spouse has filed a contested divorce against you, no

Resolved Question:

If your spouse has filed a contested divorce against you, no children, just a car in my name only bought during the marriage that is not paid for, and they want it in the divorce plus spousal support. There are some bills that were accumulated during the divorce and a house that was forclosed on and they took all the contents we we separated. I have been paying them money all along while we were separated. What happens if I go to the hearing for temporary orders without a lawyer what are my chances? I can't afford a lawyer.
Submitted: 7 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 7 years ago.
No one can predict what will happen but assuming your spouse is able to work then spousal support if any should be short unless you were married for more than 10 years. If you were fund guilty of adultery and that was the basis for the divorce action some judge will use that to negatively affect you which means you may end up paying more support than normal since you would be viewed as the wrongdoer in the marriage. Your fear is valid because regardless of who's name is XXXXX XXXXX car it is still marital property since it was purchased during the marriage and it is possible the judge could force you to turn over title.
Customer: replied 7 years ago.
Could they reward her the car even though the car is not paid for is in my name only? She claims disablilty but she has tried to find a job. I have supported her for over the 6 or 7 years we have been married. That is my only means of tranportation to and from my job. I was sharing the car with her for a while but i now have possession of it
Expert:  Daniel Solutions replied 7 years ago.
A spouse has a legal duty to support the other spounse and the obligation is increased when nonworking or under employed spouse is disabled. Since you have supported her for at least six years it is very possible the court could award her the car and force you to may some if not all the payments still owed on the car. If you do keep the car it's possible that the court would require you to pay her a set value to keep the vehicle. Im sure this is not what you wanted to hear but its better to have a realistic view as to what you're facing in court.
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