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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2452
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My husband wants a divorce. We have a 3 year old daughter.

Customer Question

My husband wants a divorce. We have a 3 year old daughter. He owned the house we live in prior to our marriage. Will I have to move? If so, how much time do I have to find a new residence for me and my child?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
You will have to move eventually if you have no marital interest in the home. When that is depends entirely on the Court's discretion. The Court could let you stay in the house pending the divorce, or could give you a month or so to relocate. In rare cases, such as when there is domestic violence, a party is sometimes asked to leave immediately. It is extremely rare to be allowed to stay beyond the duration of the divorce, but sometimes this is done by agreement in lieu of spousal support or some other benefit. Do you have any other questions?
Customer: replied 1 year ago.
Define marital interest? I've paid for a new roof. New furnace. Huge new driveway. Basically $30k in improvements.
Customer: replied 1 year ago.
Also he has used our tax returns to pay the taxes on the house.
Customer: replied 1 year ago.
We've been married 6 years. Am I entitled to any of his pension? ( he's a 22 year pipe fitter) alimony? I have literally paid for everything since I moved in 2 years prior to our marriage.
Expert:  S. Kincaid replied 1 year ago.
The house remains his non-marital property, but there is a right of reimbursement for marital contributions to his separate property or if you contributed separate property, that is also entitled to reimbursement. So you would be entitled to 50% of marital contributions and 100% of separate contributions. Alimony can be ordered in a short term marriage, but it is more common in a long term marriage. The factors that will be considered in determining alimony are: oth spouses’ income and property, including marital property, awarded to both spouses and any non-marital property awarded to the spouse requesting alimonythe financial needs of each spousethe present and future earning capacity of each spouseany damage to the earning capacity of the spouse requesting alimony due to time spent on domestic duties (such as childcare), or a decision to delay or give up education, training, employment, or career opportunities because of the marriagethe time it will take the spouse seeking alimony to obtain the education, training, and employment necessary to become self-supporting (if the requesting spouse is caring for children, however, the judge may find it inappropriate for that spouse to work)the standard of living established during the marriagethe length of the marriagethe age and the physical and emotional condition of both spousesthe tax consequences of the property division for each spouse’s economic circumstanceswhether the spouse requesting alimony made significant contributions to the other spouse’s education, training, or careerany valid agreement of the parties, andany other factor that the court believes is fair and equitable. If both spouses can become self-supporting, a court may not award any alimony, even if one spouse earns substantially more than the other. Courts can, however, deal with any major difference in earnings by distributing more of the marital property (like bank accounts, mutual funds, and any tangible assets) to the lower-earning spouse. The portion of his pension that he earned during the marriage is marital property. The Court can divide marital property any way it beieves is fair, but usually that's an equal division. Do you have any other questions?

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