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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My boyfriend wants to file for divorce. He has been separated

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My boyfriend wants to file for divorce. He has been separated for ten years. There are no assets or children involved. He's afraid if he files he will be required to pay alimony . They were married and continue to live in California. Would he be better off filing the paperwork on his own and would he have to pay alimony ?
Thank you for your question. Please permit me to assist you with your concerns.

How long has he been married at this time?
Customer: replied 3 years ago.
16 years married.

Thank you for your follow-up, Juana.

Your boyfriend has good reason to be worried. He has been married long enough that the other spouse can demand alimony if he makes more money than she does. If so, then a percentage of the amount that he earns that is higher than her income would become her alimony. On the other hand if she is the one who is he higher earner, he could potentially pursue alimony for herself.

As for which is better--if he is not expecting conflict or trouble, and the parties are willing to get divorced, filing without an attorney and reviewing all of the filings first make more sense. It is cheaper and quicker. But if the other party will contest the divorce or will make unreasonable demands, then retaining counsel is wiser. Perhaps it would be wise for him to take to have an adult conversation with her and see how she is feeling about divorcing, if he does not already know. Then he could make a decision as to whether or not to retain counsel.

Good luck.

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