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I’ve been married for 4 years to my husband, still in the…

Customer Question
I’ve been married for...

I’ve been married for 4 years to my husband, still in the process of getting divorced. We have two boys. What are my options or am I able to request from him because of the divorce?

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

Yeah he has an attorney that’s handling it. But I don’t have one

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

AZ

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

He was active for a few years & now is a full time reservist in the Air Force

Submitted: 3 months ago.Category: Family Law
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Answered in 3 hours by:
3/22/2018
Family Lawyer: Lucy, Esq., Lawyer replied 3 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Arizona is a community property state, so you're allowed to ask for a portion of assets acquired during the marriage, which includes any equity in the family home, money in bank accounts (in either of your names), equity in any vehicles owned by either of you, regardless of who drives them, and things like that. You also have a right to seek half of the money added to his retirement accounts during the marriage. This money would be paid to you directly by your husband after he retires; the military only splits accounts for marriages of more than 10 years.

You're entitled to request custody of the children, and if you get it, you'll also get child support. This website has calculators that will help you figure out how much you may be entitled to. That's what a judge will order if the two of you can't agree, so you don't have to agree to less than this amount.

http://www.azcourts.gov/familylaw/Child-Support-Calculator-Information

Many parents request that the non-custodial parent continue providing health insurance for the children after divorce, and you can ask for that in addition to child support, if he's been providing insurance already. He unfortunately is not likely to have to provide insurance for you for such a short term marriage, unless you quit working at his request during the marriage or became disabled. It might be possible in those scenarios to get his assistance for about half the length of the marriage, or two years, while you look for a job that would give you benefits.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Family Lawyer: Lucy, Esq., Lawyer replied 3 months ago

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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