Divorce after one year - person filing is military.

Divorce 2 views 1 answers
I am active reserve in the AirForce and I am filing for divorce against my wife - who is a civilian. We've been married for less than one year - no children. She is not employed right now. She cheated on me with 5 men while we were married. We purchased a house in another state. She is residing in NV while I finish out orders in CA. Do I have to provide a residence for her and will I have to provide her alimony since we've been married for less than a year?

Attorney Answer

1
Diana Lucia MartinezDivorce / Separation LawyerOntario, CA ·
First, I'm very sorry for your situation. Infidelity is one of the hardest events to deal with. It undermines trust and confidence, and promotes a desire for revenge. I'm very sorry that you are experiencing this difficult situation and also that your hurt and your anger will not be addressed in a litigated (fought in court) divorce. In fact, you will only experience great frustration. That's because California is a no fault state. Your wife's infidelity has no legal relevance to your divorce at all. It is also what will make this divorce very difficult for you to resolve. To answer your question, your's is a "short term" marriage (less than 10 years). For short term marriages, the rule of thumb is that spousal support is paid for half the duration of the marriage. So if it were awarded at all, you would be looking at about 6 months at the most. There are other options, however, that you could explore to resolve your issues without spousal support. Spousal support is tax deductible to the paying spouse and taxable to the receiving spouse. It could be win/ win for both of you if you offset with other assets/debts. I wish you both the best of luck. If you have any other questions, feel free to contact me.
0 upvotes

People Also Asked