Do I need to file for a divorce?

Question

Do I need to file for a divorce?

Anonymous Apr 16, 2015 Contested Divorce 4 views 2 answers

I have been the sole provider financially, we have no children and no other property together, husband has been unemployed for the 5 1/2 years of marriage, incarcerated about 2 1/2 years of the marriage we are separated now.. I am purchasing a house within the next couple of months. Will he be entitled to any of the assets when I file for a divorce? I have not file as of yet because it is costly and I am using my savings for my home. He will not consent to a legal separation. He will be getting out of prison August of 2015.

Joseph Obrien · Answer 1 · 2026-06-15T14:17:24+00:00

Filing a divorce is a personal decision that you have to make. But if you do want a divorce or legal separation you should start off by setting up a consult with a family law attorney. Many offer free consults and avvo is a good place to start your search. If you file for divorce your spouse will be entitled to an equitable division of the marital assets, meaning the assets acquired during the marriage. That can sometimes be a 50/50 split, but not always. The court can consider the contributions the spouses made to the estate in dividing the property, and you would argue you made all of the contributions so you should get more. You should discuss the specifics of your case with an attorney in a consult.

J Kulerski · Answer 2 · 2026-06-15T14:17:24+00:00

He is theoretically entitled to his equitable percentage of any assets that were acquired during the marriage. What a judge will deem to be equitable is the question.

Do I need to file for a divorce?

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