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  1. #1
    Join Date
    Dec 2010

    Default Divorce and Division of Property

    My question involves a marriage in the state of: CA
    I just found out my husband of 1 year, 7 months is expecting a baby with his friend. I confronted him and he wants to file for divorce. I didn't see it coming at all. I mean, I knew he was unhappy because I insisted that we were not ready to start a family (and I have no regrets about that) but I didn't think he would take the route he's taken. So.....I would like to prepare for what's coming my way.
    He's 28, barely makes $10k a year (works part time); I am 30 and make about $60k a year (full time).
    We do not have any joint bank accounts (he has chex system issues and was unable to open an account when we applied for one).
    He does not contribute to his 401k, I contribute to mine. He has no savings, I have some savings.
    He owns his car, pays his personal bills with a little help from me (I pay his cell phone bill); I own my car and pay my personal bills, as well as our household bills.
    I also own a home but he signed a quit claim; his credit would not have allowed me to purchase it.
    We never filed joint returns (this would have been year 1 of filing a joint return but he was dying to get his refund and filed taxes as soon as 2009 ended).
    No other property apart from basic hosehold items - TV, furniture etc.
    Oh, I own a timeshare/still paying it off actually with my sister and brother in law (bought this before I met my husband).

    I am very mad at him inside but I am calm and poised; coz what's done is done! We spoke a while ago and I was surprised that he is very, very angry and pretty much spoiling for a fight. I have a feeling he'll try to make this as painful for me as he possibly can.

    Can anyone please (kindly plz) tell me/speculate the worst that could happen? I know CA is a community property state but to think that I may have to give up my savings or pay him alimony makes me really bitter. I mean, I would rather wipe out all my savings by giving it up to Charity or something.... Seems more fair than giving it up as a baby shower gift to him.

  2. #2
    Join Date
    Apr 2009
    Somewhere near Canada

    Default Re: Divorce and Division of Property

    You've been married less than 2 years - the chances of you being ordered to pay alimony are very very slim.

    Cut off his cell phone, file for divorce and request exclusive use of the marital home. He is entitled to 50% of the equity attained during the marriage. That's about it.

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