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I have been married for two years, no children, he moved in…

I have been married...

I have been married for two years, no children, he moved in with me so house was mine already. I make a lot more money than him and I think he is cheating. I pay most of the bills. Can I divorce him and not have to pay alimony?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He moved into my house with nothing but his clothes.

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Answered in 5 minutes by:
3/8/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,221
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 4 months ago
ok
Customer reply replied 4 months ago
ok do I check my email or get answer here

I believe the site notifies you once I have submitted my answer (but your screen and mine are quite different, so I'm not really sure how it works on your end). Give me just a few minutes to type out my reply, please.

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When it comes to questions like this, it is never a simple yes or no answer (in any state). That's because unlike child support, which has clear guidelines and formulas, there is no set rule for calculating spousal support or how much should be paid.

Instead, Virginia courts must first determine whether the party seeking spousal support is eligible to receive it—by looking at the factors and circumstances that contributed to the dissolution of the marriage. Adultery by one spouse will usually, although not always, bar that spouse from receiving spousal support.

If the party seeking spousal support is not barred from receiving it, the court must then determine the nature, amount and duration of a potential spousal support award, by considering the factors found in Virginia Code § 20-107.1. These factors include the incomes and financial needs of both parties, the duration of the marriage, the standard of living established during the marriage, etc.

Courts generally disfavor awarding support in such a short term marriage. Generally when courts look at spousal support, it's for marriages at least 10 years in duration, so the short length of your marriage works in your favor. If anything, a court might award some temporary support to your spouse as a form of "rehabilitative" alimony, to help them get back on their feet. Even then, it would depend on an analysis of other factors. While he didn't have much during the marriage and you basically paid for most things, is he capable of working and earning a living? Does he have the education/training and means to get a job and support himself? A healthy person who has a work history or education/training to work and simply isn't applying themselves is less likely to be awarded support versus say, someone who is disabled and cannot work, and therefore relied on their spouse.

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The other thing you must consider is that most couples come to an agreement on the terms of their marriage and enter into marital settlement agreements on their own, so this is something you and your spouse may be able to work out on your own. Only if you could not come to an agreement on your divorce would it need to go to trial in front of a judge.

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,221
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Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 120
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Phone call session started
Customer reply replied 4 months ago
I do not need the phone call thank you.
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