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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87190
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my husband and I been married for 5yrs. and It wasnt until

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my husband and I been married for 5yrs. and It wasn't until the forth year when we were trying to build on his propery that I found out that his kids mom whom was never married to him, name is XXXXX XXXXX property. he is also paying mortgagge for her to live in a nice three bedroom house in Baltimore and we live in a one bedroom with a child. also he goes through everything of mines, he drives by my job to see if I'm at work we argue everyday. He is very insecure, so if he sees me talking to any other guy whether friend or not he starts an argument or try to fight... what is the best advice you have for me?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

what is the best advice you have for me?

This is a very open-ended question. I can give plenty of information, but I'd need to know specifically what it is that you wish to know?

Such as- custody? Divorce? Alimony? How to do something, etc?

What are you asking about, exactly?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

Divorce. and if you can explain the alimony thing to me.

Expert:  Ely replied 11 months ago.
L.C.,

Okay, thank you.

OVERVIEW
US Virgin Islands is a community property jurisdiction. This means:

1) Separate property before the marriage is retained by the owner of the property.
2) Community or marital property (property acquired during the marriage) is divided and awarded equitably.

Marital misconduct is not considered in the division... formally (although informally the Judge may tip the balance towards a spouse who was hurt by the action/lie of the other).

ALIMONY
Alimony is subjective and is on a case by case basis as for granting it, amount, and length. The subjective factors to be considered in granting alimony include:

Maintenance may be awarded to either spouse for support if the spouse seeking maintenance consideration if the party asking:

-Lacks sufficient property to provide for his or her reasonable needs;
-Is unable to support himself or herself through appropriate employment;
-Is the custodian of a child whose age and condition is such that the custodian should not be required to seek employment outside the home;
-Lacks earning ability in the labor market to adequately support himself or herself;
-Contributed to the educational opportunities of the other spouse; or
-Had a marriage of long duration and is of an age which may preclude the possibility of gaining employment adequate to support himself or herself.

AND

-The contribution of the spouse seeking maintenance to the earning ability of the other spouse and the extent that the seeking spouse reduced his or her income or career opportunities to benefit the other spouse;
-The time for the spouse to acquire education and training for suitable employment;
-The spouse’s future earning capacity;
-The spouse’s standard of living during the marriage;
-The duration of the marriage;
-The ability of the spouse provid­ing maintenance to meet his or her needs while providing the maintenance to the other;
-The financial resources of the spouse seeking maintenance (including marital property awarded and the spouse’s ability to meet his or her needs independently);
-Any destruction, concealment, fraudulent disposition, or excessive expenditures of jointly-held property;
-The comparative financial resources of the spouses including their comparative earning capacities;
-The age of the spouses;
-The physical and emotional condition of the spouses;
-The usual occupations of the spouses during the marriage;
-The vocational skills of the spouse seeking maintenance;
-The ability of both parties to contribute to the future educational costs of any children; and
-Any other factors the court may deem just and equitable.

An attorney is recommended but not mandatory.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87190
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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