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I am sorry for your situation. First of all, understand that all the money he made - if he put it into a joint account, you're entitled to 1/2 of it. Separate property and debt is property that is generally:
1. Owned before marriage by one spouse; or
2. Acquired by gift or will or similar legal way by spouse during marriage; or
3. Declared as such by prenup or postup; or
4. Traceable property purchased by one spouse only; or
5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity.
Separate property and debt is awarded to the party which had claim to it in accordance with the rules above. Community Property
and debt is everything else, including but not limited to:
1. Income from BOTH parties; or
2. Declared as such by prenup and postup; or
3. Gift from one spouse to another; or
4; All titled and non-titled property gathered during marriage.
Community property is AUTOMATICALLY ASSUMED unless proven to be separate property by a party “by a preponderance of the evidence.” Community property and debt is split 50/50. If he files for divorce, you can file an answer and ask for temporary orders that divide the property and give you some money and other such thing, etc, already, while the divorce is pending.
The Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.
One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.
Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation
may be granted by the Court.
Of course, that is the standard order of possession. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.
The posessory parent pays child support
to the managing parent, unless the managing parent declines it. All states have a preset salary percentage calculation for child support, but this can be altered if both parties agree to a lesser or higher amount or do not put child support in the orders all-together - the Court will not care.
Maintenance (formerly known as alimony
, and in some states called spousal support) may be awarded to either spouse as the court deems just. Marital misconduct is not to be considered in awarding alimony. Maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors - it's very subjective and depends on the length of marriage, etc. It's basically to ensure that the party left weakest at divorce would NOT fall through financially. It can be asked for at temp orders as well. I can help you find an affordable attorney if you'd like.
Best of luck in your matter. I'm here if you need any more clarification or follow up information.
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