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Divorce question

purpledaisies's picture

My brother has been married for 6 months and due to her being a first time step mom and other things they are getting divorced which I knew was going to happen.

Anyway they have no kids but she seems to think she can take him for everything he has? Does anyone know if there is any way she can do this that I don't know about? B/c from where I sit she is entitled to nothing. Right? They did not buy a house together either.


herewegoagain's picture

It depends on their state and really, what she brought into the relationship, if they have debt together, etc...

DeeDeeTX's picture

Depends on her state and the lawyer.

If he did something like ask her to quit her job to move with him or take care of the SKs, I can't see why she wouldn't be entitled to alimony at the very least.

DeeDeeTX's picture

I'm glad I don't live in a state like that! I left a decent job and career to stay home with the kids, so if hubs and I ever got divorced, I think I should be entitled to a little more than the clothes on my back.

3familiesIn1's picture

Depends on the state. Here you can get 1 year for every 2 years married for alimony - so she would get 3 months - IF they even bothered to award it.

I would think nothing - get an annulment.

DaizyDuke's picture

Yeah, but how long were they together prior to the six month marraige? Do they have assets in both of their names? Debts in both of their names? As far as things like alimony, retirement and things like that I don't think he needs to worry since the marraige only lasted 6 months.

It really all depends on your state laws. I hope your brother has contacted a lawyer.

DeeDeeTX's picture

Also a lot of people rant and rave when they're arguing. Your bro told you she is going to take him for everything he has, but did he tell you the part where he told her to GTFO with nothing but the clothes on her back? (or whatever he might have said?)

My husband and I have some knock down drag out fights where if you just took the words of one person you'd think that person was crazy...but you have to take it in context with what the other person said.

Anyway I'd stay out of it and just tell bro to hire a good lawyer.

purpledaisies's picture

No there were only together a few months before they got married. In our state it is 7 years to get alimony. She did bring anything into the marriage. No cars no nothing. The job thing I don't know.

stormabruin's picture

It varies by state.

In some states, ours included, it doesn't matter how long a marriage lasts. Once it's done everything is considered to be community property & is open for the taking.

If they have nothing, what is there to take?

purpledaisies's picture

DeeDeeTX She posted this on face book all her plans to take him for everything. She even texted my mom. My brother would never tell her she can't take her things and even helped her move her stuff out.

DeeDeeTX's picture

That is pretty crazy. Oh well, best advice is still to get a lawyer. It really all depends on the state.

kelaine's picture

Agree with DeeDeeTX. Our state, TX, is wonderful in that what you owned before marriage is not part of the community assets unless you put it in a spouse's name. Probably all she's entitled to is anything acquired after marriage. He needs to get a lawyer, each state is going to be different.

realitycheckmom's picture

She is angry and bitter. Your brother can probably get a free consultation with an attorney to see his options and then decide what to do. If they have no joint assets or debts then the divorce is straightforward and should not cost him a lot in attorneys fees and all he needs to worry about are filing fees. Do not let him do this with a shared attorney or no attorney. Oh and make sure he waits more than a few months before bringing someone new into his kids life because this is shit BM's live for. Good luck to him.

Willow2010's picture

If he did something like ask her to quit her job to move with him or take care of the SKs, I can't see why she wouldn't be entitled to alimony at the very least.
GOOD GRIEF I would hope that no one would get alimony from a 6 month marriage under ANY circumstances!! But I am also a firm believer in NO alimony should EVER pass hands. JMHO.

I am also a believer that NO child support should change hands if you have 50/50. Under ANY circumstances. JMHO.

What start? If it is Texas, she will be entitled to ½ of what they bought during that 6 months. Does not sound like much. Once she cools off, she will realize this. Thank goodness your bro did not impregnate this loon.

asheeha's picture

i'm not saying i agree with willow 100% but i think personal responsibility has to be taken into consideration. they were only married 6 months, no kids. i see zero reason for maintenance.

purpledaisies's picture

Yes she wanted my brother to send his kids away b/c she said they had bad problems! he took them to counseling and the counselor said they were fine and she stormed out and left. I don't know what is on the papers for the reason though.

purpledaisies's picture

Mazzy I know that and I have talked her several times before and I can tell you she just wants money. she admitted she just wants a sugar daddy. Sad

purpledaisies's picture

she was doing data entry as her job. so it wasn't a prestigious job or anything or that she can't find another.

Disneyfan's picture

I don't think people should get compensated for making dumb choices.

She's an adult. She should be able to suppot herself and not look to her soon to be ex for a handout.

purpledaisies's picture

He does have a lawyer and he seems to think the only thing she might get is part of his truck.

purpledaisies's picture

LOL ok ladies I meant that he might have to sell the truck and she will get some money. But she wants brother to pay her 2700 a month for spousal support! :jawdrop:

DeeDeeTX's picture

Yeah. I have no sympathy for this stuff. I know too many men who married a pretty face and then were stunned they were bitches.

Seems that might've happened here.

purpledaisies's picture

DeeDeeTX he is my brother but i have to agree. We all told him not to do it but he did anyway. Told him he didn't know her well enough.

Willow2010's picture

Sorry..that was too good to pass up. Did he just buy a truck when they got married?
Holy shit to the 2700 support!!!

purpledaisies's picture

Yes the truck was the only thing he bought while they were married. and 2700 a month my jaw hit the floor! I am hoping that she pisses the judge off with that request and she gets nothing.

And yes he was stupid and I told him so!

purpledaisies's picture

He doesn't make that much. He works for the same company my dh does and I can tell you right now he doesn't make that much. Which is why I hope the judge will see that it will piss him off that she is asking for that and she gets nothing.

asheeha's picture

just read this on the net...In Arkansas divorce law, alimony is referred to as maintenance, and is often limited to three years as it is designed to be a temporary measure. This approach is not the norm across the states. Alimony (or spousal support) can be awarded if two scenarios are identified: a spouse who has been married for a minimum of ten years and cannot support themselves may qualify for alimony/maintenance. The second situation would include family violence in which a spouse is convicted during the filing.

i highly doubt she will be getting any type of support from him.

purpledaisies's picture

bookishworm I like that asking for alimony from her. LOL I also just found out that he did NOT ask her to quit her job she just said she was going too and quit.

purpledaisies's picture

She did not relocate for my brother she just quit her job which my brother said she didn't have to but she did anyway. it was a data entry job.

Her main problem was that she wanted my brother to ship his kids off and take on her son as his own and it be just the 3 of them. when brother wouldn't do it she got mad and got mad at the Councillor when he said there was nothing wrong with his kids.

sterlingsilver's picture

my ex kicked me out one day, got himself a good attorney and got everything in the divorce - kids, house and even the cat. I worked hard, saved money got a good attorney and fought back and now I have the kids, cat and half the profit of the house that he was finally forced to sell. Takes a good attorney tho. Unfortunately it's not always about the laws but more about who has more money to get the better attorney. SAD.