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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 36350
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I want the divorce but we 't have kids with m. we married

Customer Question

hi i want the divorce but we don't have kids with him. we married for 4 yrs.he has a own house $ 300,000,$25,000 car.what i can get if i get the divorce.he work in the post office for 30 yrs also he is retired from the army.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Did he own the house and car before the marriage?

2. Did he pay a mortgage on the house or a loan on the car after marriage?

3. Has he worked at the post office for the 4 years that you have been married?

4. What are each of your annual incomes?

5. Were you married to him while he was in the Army?

Doug

Customer: replied 1 year ago.
he both the house before married,but the car after get married,he still working in the post office after married,his salary $75,000.morgate 1,500
Expert:  LawTalk replied 1 year ago.

Hi,

The down payment your spouse made before marriage, and the increase in equity attributable to that down payment and mortgage principal payments before marriage would be their personal property.

However, all other equity increases attributable to the paying down of the principal via the mortgage payments, any increase in equity referable to improvements made during the marriage and all growth in equity attributable to those payments/improvements would be considered marital property and dividable between the two of you on divorce.

A rough estimate might go like this. If you bought the house for $200,000 and put $20,000 down and the house is now worth $300,000----out of the equity you would get the $20,000, plus about $10,000 for the 50% increase in home value. That would leave $70,000 in increase that would be marital and of that you would get roughly half---or another $35,000---giving you $65,000 of the$100,000 equity in a divorce.

You will be entitled to have the equity in the car as well.

You will be eligible for a share of his postal retirement benefit, but it will be based on the number of years you have been married when compared with the amount of time he has worked for USPS---which will probably amount to approximately 7% of the amount of his retirement benefit.

Finally, you may qualify for spousal support as well.

Issues the court will generally look at in determining spousal support include:

1. The present respective incomes of the parties;

2. The education levels and earning capacities of the parties;

3. The ages and the physical, mental and emotional conditions of the parties;

4. The duration of the marriage;

5. Whether either party will be caring for children of the marriage;

6. The standard of living established during the marriage.

While the amount of spousal support you might be awarded can be virtually impossible to determine based on the facts you have provided, when spousal support is awarded in similar situations it generally amounts to 15% to 25% of the higher earning spouse's income. The duration of spousal support often runs approximately 50% the number of years of the marriage. In long term marriages of 10 years and longer, spousal support can be made permanent by the court---terminating usually on the remarriage of the receiving party or upon their cohabitation with a new partner.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
We don't have kids.also he has the hOuse for 15 yrs.went we married he was retired for 25yrz.
Customer: replied 1 year ago.
Also he pay the mortgage $1500.he is income More$75,000.
Expert:  LawTalk replied 1 year ago.

Good evening,

I understand you don't have kids. That is why I didn't mention child support.

You said he still worked at the post office---if that is correct you will get part of his pension from there. You will not get a part of the military pension if you were not married while he was active duty military.

It doesn't matter who pays the mortgage---you get a share of the value of the house because he used money earned during marriage to pay the mortgage.

I would strongly suggest---based on your apparent confusion-----that you accept the offer of a call I made to you, so you can get all the information you need and not remain confused. You have quite a bit coming to you from the divorce.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
How boe alimony for marry and also life insurance he has for his bids $150,000 he has 2 son 1 daughter 29,26,25 yrs old.
Expert:  LawTalk replied 1 year ago.

Hi,

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are new questions that you are asking. For new questions, the customer is asked to open a new question thread, or to accept an offer of additional services---which I have already offered to you. I do sincerely ***** ***** any inconvenience this might cause you.

You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posting are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.

Doug

Customer: replied 1 year ago.
I'm tried but don't let me click
Expert:  LawTalk replied 1 year ago.

Let me make another phone call offer and you can try to click again.

Doug