If I have been married for 18 years and I get a divorce, what are my rights? I`m not working I`m in school now

Question

Need advice about rights when it comes to divorce..

Answer 1

everything gets cut in half

from the time you have been married to the divorce

Answer 2

HALF

Answer 3

It depends on the state that you live in.  But typically a judge looks at what the standard of living was that was established during the course of the marriage and the ability of each party to earn income.  So, you mention that you are in school, but that doesn't mean that you would be entitled to permanent maintenance.  On the contrary, it could mean that he has to assist you while you are in school and then you would be able to support yourself.

That translates to the assets as well.  Depending upon his financial ability to continue to earn income and your ability to support yourself, that's how the assets would be divided.  It's not a straight 50/50 split.  The usual formula is whatever was earned during the course of the marriage is subject to division and the party who has the least ability to be able to earn substantial income would probably get a larger percentage of the assets.

You should consult a divorce attorney.  Most attorneys will offer you a consultation without charging a fee.  You will be able to learn your rights specific to your state and your situation.

In the meantime, start getting all of your financials together.  One of the most difficult parts of a contested divorce is being able to prove the financials of the parties.  Even with subpoenas and everything being on computers, if your husband earns income through sources other than a typical paycheck through a company, try and gather those documents to prove your position.  Make copies of everything and start gathering everything now.  It will make things easier down the road.

Good luck.