what am i entitled to in the event i get a divorce?

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what am i entitled to in the event i get a divorce?

me and my 3 girls moved into my now current husband’s home a few years ago. he has been supporting us since then. we recently married , just a couple months now. he has become abusive towards my daughter and i. I have no real property of my own.Is there a certain amount of time we need to be married in order for me to able to have rights to his property /finances or retirement? if it isn’t community property can i sue him for his abusive actions/ pain suffering? what would be my best course of action?

Asked on May 26, 2009 under Family Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You really need to talk to a lawyer in your state, who can go over your state's rules and laws concerning the types of divorce available.

Section 107.025 allows for divorce in Oregon on irreconcilable differences (i.e. no fault). http://www.leg.state.or.us/ors/107.html

Were you a resident of Oregon during this time? Oregon is an equitable distribution state -- which means the property is fairly divided.  In terms of your marriage only being a couple of months, in terms of support , or your title to property, probably not. 

In terns of suing for pain and suffering -- I don't think that is viable.  But you really need to talk to a lawyer in your state.  Try www.attorneypages.com and check his or her record at the Oregon State Bar.


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