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 Divorce from CA
 
 1/14/2008 12:37:03 PM
cali1
1 posts


Divorce from CA
QuoteReply

I reside in CA and my spouse is in the Army stationed in WA.  I want to pursue a divorce, but I have the following questions:

1) Will he be legally entitled to any part of the home that I purchased prior to our marriage.  The property is solely in my name and we have never lived together.  I am not sure at this point if the divorce will be contested or agreed, as we have yet to discuss this.  We do not have any children or other properties/credit cards that are joined, only a shared bank account. 

2) Since I make more money than he does, if he decides to contest the divorce, is there a possibility that I will need to provide spousal support in any way?

2) Your website states that a court hearing is not necessary as long as he is stationed in WA.  Can you confirm that I will not have to travel to WA to settle any of this?

Thanks-

 

 1/14/2008 2:25:13 PM
admin
84 posts


Re: Divorce from CA
QuoteReply

basically:

yes, he will likely be entitlted to part of the home even though you purchased it before marriage because the community earnings undoubtedly went towards monthly mortgage payments and the home may have appreciated in value. if you never lived together and had a disagreement about the fundamental of marriage which was not disclosed you maybe entitlted to an annullment, but if community earnings were used towards the home he has a legitimate claim.  if it looks like you guys never really had a real marriage relationship as in the traditional sense I would have to say an equitable property division would not (repeat not) necessistate a division of any portion of the equity in your home.

you never told how long you were married but from what you did relate it sounds short.  so don't worry that you make more than him becuase w/the military employment his needs are met= i doubt he'll get any maintenance if it went to the mat.

i can do your divorce entirely here in washington without you coming up from california, if we can't get him to sign the papers we could serve him locally as well as request that the case be finalized on agreed terms.  We obviously would want to attempt the settlement paper approach first.

 

 


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