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I need good legal advice on divorce as well as Alimony and custody?

Divorce Dr — Sun, 07 Nov 2010 18:54:50 +0000

Question by : I need good legal advice on divorce as well as Alimony and custody?
I need good legal advice on divorce as well as Alimony and custody?
I have been married to my wife for almost 3yrs now in the state of SC. We have one son, 18 months. I feel so bad for him. Its not working out with us, we are truley not meant to be. When i married her she and I were both in the military, i still am. She got out on her own will, and wants a divorce. now shes talking alimony. I think its wrong, b/c she is more than capable of getting a job. If shes asking for alimony its b/c shes going to have trouble making ends meet.I dont think you should ask for alimony just b/c you know you wont be making as much money as you want. in this case would it also be fair to fight for full custody of my son. If anyone can give me advice on how to avoid alimony, and if it would be in my favor to go for full costody please help.

Best answer:

Answer by Striving for Honesty
I’m a law student focusing on family issues – however I cannot give you legal advice. Please seek an attorney – if you are active duty you should be able to get assistance @ your Command Judge Adovcate’s office. If not, you should seek the guidance of an attorney out on the economy. Expensive, yes but worth it.

Generally states look at many factors in determining alimony – length of marriage, both spouse’s education, earning capacity and work experience. I don’t know of any short marriages that anything other than very temporary alimony was ordered – to help the receiving party find a job or enroll in a job trainig program and a general guideline is not longer than the length of a short (under 10 years) marriage. Also for her to conisder – alimony is taxable income to her – and an income reduction on taxes for you.

As far as seeking sole physical custody the supreme court has held that being active duty can no longer be the SOLE basis for denying a service member full custody. something to consider is that you will then be able to remain in base housing if you have custody 6 months and 1 day a year. You will also need to come up with a parenting plan that will address long distance visitation because you will be PCS’d and unless she follows your movements there will be an issue there, too.
As far as who gets physical custody the courts are supposed to look at the best interest of the child. An underemployed parent is not the strongest factor in making that determination.

I hope I’ve at least been able to give you some things to think about… please contact your legal assistance office ASAP.

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I need good legal advice on divorce as well as Alimony and custody?

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I need a good legal advice on divorce, as well as food and housing? I’ve been married to my wife for almost three years now in the state of SC. We have a son, 18 months. Me feel so bad for him. His work is not with us, Truley not want to be. When I married you and I were in the army, which still are. He came to his will, and wants a divorce. Now she’s talking about food. I think it’s bad, b / c it is more than capable of getting a job. Shes asking if your food B / c shes going to have trouble meeting. I do not think you should ask the food just b / c they know will not be making money as much as you want. in this case it would be worth fighting for custody of my son. If anyone can give me advice on how to avoid food, and if it were for me to go full costody, please help.

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