How does divorce and alimony work?

Get Legal Help Today

 Secured with SHA-256 Encryption

How does divorce and alimony work?

My husband and I have been married for 5 years. I have a 19 year old daughter that he has adopted and a son (20 months). Not long after we got married, I have found out that he cheats on me (I have proof like photos and letters). When we were married, my husband bought a house with a mortgage for 15 years, however I am not on the title. He works for the government and I am a college student. What am I entitled to after we get divorced by our state law? Is there any chance of me getting 100% custody considering that he doesn’t spend any time with his child.

Asked on July 31, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of most states in this coutnry, the marital assets between the parties are equally divided while each spouse keeps his or her separate property.

As to alimony (spousal support) such is determined based upon the ability of whether one spouse is in school, cannot work, needs job retraining and the like in comparison to the other spouse's income.

As to having physical custody of the 20 month old child, from what you have written, there seems to be a good chance of such. I suggest that you consult further with a family law attorney about your matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption