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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37816
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I believe my husband and I are at the point of divorce,

Customer Question

Hi, I believe my husband and I are at the point of divorce, we have no kids together but f\we do have kids from our previous relationships.. I am on disability and because he owed taxes they put a lein on most of my check.. I would like to know what my rights are, and if I am entitled to anything. We have been together for a little over 3 years but married for about 2 and ahalf. I have a9 year old son I need to take care of, and I would of had gotten a job quite a bit ago but he told me that he would take care of me , (stressed to me several times he didn't want me to work because he was going to train me to help him, but its been 3 yrs and he hasn't trained me in the least bit..He didn't want me to work because he wanted me to concentrate on my music and getting custody of my son back.. My son has attachment reactive disorder and has only been reunited with us since Aug, so this would not be very easy on him, and then I will have no place to live, my son and I had lived in 5 shelters years ago and I really don't want to have to drag him to another town. I and my son have been the most stable ever in our whole lives right now, but now talks of divorce so I just want to see what I need to do, because I have to have some kind of back up plan .. Thanks,
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I am sorry to read about this unfortunate situation.
What state do you live in?
Have you purchased any property together as husband and wife?
What kind of work does he do?
Customer: replied 2 years ago.
Hi Phillips, we dont own any property but we have 2 vehicle we are leasing, he co signedfor mine i believe he pays all tje bills basically, i pay for our vehicles or other little tnings. He works for himself sub contracting through 3 different companies, it was arpund 12, 000 a month and then he would get another 5-8 gtand latet in the month.. he claimed my son on the tax return which ive yet to see and he owes loke 35, 000 in back taxes i believe.. he does merchant services, credit card processing
Expert:  Phillips Esq. replied 2 years ago.
Thank you for the information. However, you did not tell me where you live. Where do you reside with your husband?
Customer: replied 2 years ago.
Nh
Customer: replied 2 years ago.
Goffstown, nh
Expert:  Phillips Esq. replied 2 years ago.
Thank you for the information. I am signing off at this time. So, I will opt out and give another Attorney the opportunity to further assist you.
Best wishes
Expert:  LawTalk replied 2 years ago.
Good afternoon,
New professional here. 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. What is it that you would like to know?
2. What did you do for income before you married 2 1/2 years ago? Were you disabled then as well?
3. Are you permanently disabled or will you recover sufficiently to be able to become gainfully employed?
Doug
Customer: replied 2 years ago.
I have been disabled since 2001.. I did some retail, fast food, some hospice work but was living in a shelter when my husband met me.. wasnt working when he met me.. i have emotional issues amongst some physical issues.., had alot of dressiin and fybromyalgia.
Expert:  LawTalk replied 2 years ago.
Good morning,
I apologize for the delay in getting back to you. I was out of the office yesterday.
Thanks for the information, but you still haven't told me what you need to know. So all I can do is give you information I believe might assist you.
In order to force your spouse to relocate from the marital home, or to pay spousal support to you, it will be necessary for one of you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.
At that hearing you may ask the judge to order your spouse to move from the marital home, as well as for an order that your spouse pay you spousal support/alimony, until at least the entry of the divorce decree.
This is a very critical hearing to ask for. This hearing is not automatic, and if you do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing. What occurs at the Temporary Hearing often signals what will happen after the divorce, both in terms of child custody and child support as well as spousal support. It is important for your future that you do well at the Temporary Hearing.
Based on the limited number of years you have been married, on your disabilities and based on the difference in your respective incomes, it is likely that you will qualify for spousal support, for at least a period of time following the issuance of the divorce decree.
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.
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