Can I get alimony if I entered the marriage in good faith but left the household because of fearof my husband’s son?

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Can I get alimony if I entered the marriage in good faith but left the household because of fearof my husband’s son?

My husband brought me to the States and we have 4 years of marriage but has a felon son living in the same household. He took part in violent robbery incidents. He does not like me and menaced me once stating not to mess with him. He uses weapons and posts scary things on facebook. My husband does not take any action towards his son’s behavior and justifies everything he does, he pretends me to live there and does not want to take any steps towards our marriage, no matter how many times I told him I was scared. He allows him being lazy and doing whatever he wants. I love my husband but I am afraid his son might kill me.

Asked on January 10, 2012 under Family Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to speak with a lawyer. Period. You need to trust this attorney so research carefully because this attorney will need to help you get restraining orders against the son and possibly the husband. Your issue with alimony does not really deal with what your stepson does or does not do. It is an issue of the length of the marriage, whether you worked during the marriage, the type of lifestyle to which you were accustomed during the marriage. Essentially, in most states, four years is not considered a long term marriage and therefore, you may just be ordered to split assets.


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