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I am a 63 year old male with assets prior to this 2nd

I am a 63...

I am a 63 year old male with assets prior to this 2nd marriage I am inquiring about. I was married to my first wife for 42 years. I have married a 52 year old female with no assets and have been married to her for the past 16 months and I want out of the marriage. We were married in Las Vegas and have been traveling for the last 6 months, we are currently in Hawaii, we have no residence to speak of. We are heading back to Los Angeles in June of this year. We have not purchased anything together, we have no joint bank account, she has not even changed her name.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

What wll I be required to do for her.

Lawyer's Assistant: Family law varies by state. What state are you in?

No steps have been taken.

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

No thats it

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Answered in 2 minutes by:
3/20/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 1 month ago
I would just like to add that we will be moving back from Hawaii in June and could be in Nevada or California.
Customer reply replied 1 month ago
No e-mail is fine for now.

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

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Divorce laws vary by state, so it really depends on which state you would be filing for divorce in.

You need to reside in a state for a period of about 6 months in order to give that state jurisdiction to rule on your divorce.

What state do you think you'll be filing in?

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Customer reply replied 1 month ago
Neveda

Okay thanks for clarifying. Give me just a few minutes to finish typing up some information for you, thanks!

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Nevada is a community property state.

That means that all marital property is considered community property and a judge will try to split assets and debts 50/50 between you.

Any property that you owned prior to marriage, and which remained solely in your name during the marriage, ie. it was not commingled, will remain yours.

With regards to alimony there are 2 types of alimony under Nevada state law, those are general alimony and rehabilitative alimony.

General alimony is given to help a spouse maintain a certain standard of living as they experienced during the course of the marriage, whereas rehabilitative alimony is meant to help support a spouse to eventually become self sustaining, ie. education, employment, etc.

There are several factors that a judge takes into consideration in Nevada when making an alimony judgment:

  • each spouse’s financial condition, including the nature and value of property owned
  • the length of the marriage
  • each spouse’s income, earning capacity, age, and health
  • the standard of living during marriage
  • the career of the dependent spouse before marriage
  • each spouse’s education, training, and marketable skills
  • each spouse’s contribution as homemaker, and
  • any award of property during the divorce

Please note the bolded portion, since the marriage was only 16 months, this is something that the judge will take into consideration when deciding on whether or not to award alimony, as well as the amount of that award.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
One last question, what if it’s california?

California is also a community property state, so the same laws would apply as I described above with regards ***** ***** division of assets.

There are currently 9 community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

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With regards ***** ***** for shorter length marriages, (ie. marriages shorter than 10 years), judges will typically award alimony for a length of time equal to half the length of the marriage.

For example, if married for 16 months, the judge could order alimony to be paid for 8 months.

I hope that helps!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 1 month ago
I’m sorry I just have one more question then I’ll rate you and pay more.
We lived together for 6 months in California before we started traveling, does that count, even though we’ve been out of the state for 7 months. And what if she goes to California now and I go to neveda , does that mean because we have no residence we can’t get divorced?

Yes, if you've maintained some permanent residence there (ie. a rental lease, owned property, etc.) then you do have California residency still.

California does have particular jurisdiction requirements that require residency for 6 months in state, 3 of which must specifically be in the county in which you are filing.

No, you can definitely still get divorced even if you move to separate states.

Whoever files for divorce first, can initiate the suit in their state of residence. Again, either of you would just need to have established residence in that particular state in order to file.

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Hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Family Law Specialists are ready to help you
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Customer reply replied 29 days ago
Thank you- yes I do have a few questions...1.) Should I decide to leave my wife, am I required to provide my wife with a place to live and support her before any court proceeding commences.
2.) If we both decide and come to an agreement, me offering my wife some money so we don't have to use attorneys and have the expense, what will need to be done. Can we file on our own and have a attorney finalize it ?
3.) And if we do go this route, before I release any funds to my wife, should see sign something agreeing to the divorce that will be filed at a later date and the terms of that divorce..
Thank you

(1.) You do need to reach some type of equitable agreement.

You are not required by law to continue supporting her during the pending divorce, but depending on your assets, and who the financial provider in the marriage was, if your wife petitions the court, the judge will most likely try to arrange some type of equitable agreement for living arrangements while the divorce is under way, and can also award temporary alimony for while the divorce is pending.

(2.) Yes, you can both reach a mutual divorce agreement and settlement, and then file that agreement with the court with your petition for divorce, and the judge will sign off on it finalizing your divorce.

(3.) If you two decide to mutually agree on a division of assets between yourselves, yes you should wait until the divorce is signed and finalized by a judge before releasing agreed upon funds.

I hope that helps!

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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Customer reply replied 29 days ago
Further questions to number 3 above.
1. If we agree on an amount now, and she needs that amount now to live on, can we structure that to be submitted to the judge to sign off on. Of course we will have an attorney draw this up, in case one of us changes our mind.
2. Can one of us change our mind before the judge signs off or can we consider this final since it will be notarized, I am a little worried about her changing her mind after any payment is made. Or if she does change her mind will that amount come off any settlement amount that would be decided by the judge.
3.Can the Judge arbitrarily decide to award more than what we submit.

(1.) Yes.

(2.) Potentially yes, and the judge could be left to arbitrate any further disagreement or negotiations before signing off on your final divorce decree. For example, if you wife says she was under duress, did not understand something, or learned of hidden assets between the time she signed at the time the petition was brought to court before the judge.

(3.) No that usually does not occur.

If both parties mutually agree, then the judge will sign off on it.

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Customer reply replied 28 days ago
This should be the last of my questions.
Should we not be able to come to an agreement and my wife decides to run to an attorney on her own- who pays for that?
And - if it’s me can I refuse to?

No, you are not legally obligated to pay her attorney's fees.

If she has access to joint bank accounts though, it's very possible that she may access those accounts to cover her attorney fees.

If you object to this, it's something that you can bring to the court's attention to have included and calculated when coming to an agreement on a settlement of division of assets.

Hope that helps!

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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