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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 24409
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am need advise on divorce. My husband is not a very nice

Customer Question

Hello, my name is Kathleen ****. I am need advise on divorce. My husband is not a very nice person. He has changed. I need to get spouse support from him. We have been married for only a year.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I am sorry to hear about what you are going through. The ability to receive support, is going to be at the discretion of the Judge. The biggest issue which you are going to face and will need to overcome, is the length of the marriage and how short it was. When the judge makes his or her final spousal or partner support order, the judge must consider the factors in California Family Code section 4320.

These factors include:

  • The length of the marriage or domestic partnership;
  • What each person needs based on the standard of living they had during the marriage or domestic partnership;
  • What each person pays or can pay (including earnings and earning capacity) to keep the standard of living they had during the marriage or domestic partnership;
  • Whether having a job would make it too hard to take care of the children;
  • The age and health of both people;
  • Debts and property;
  • Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license;
  • Whether there was domestic violence in the marriage or domestic partnership;
  • Whether 1 spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home; and
  • The tax impact of spousal support (note: federal and state tax laws have not been changed to recognize domestic partnerships).

Moreover, even if ordered, it is not likely that it would be for a period of time longer then the marriage.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!