Q: I need to know the legal side of a divorce. Like can my husband take everything from em like he threatens
A: The only way to really know your rights and responsibilities in a divorce is to confidentially visit with an attorney about the specific facts of your situation. The attorney can talk about the potential options and positive and negative aspects of your position. As a general rule, courts try to divide the property and debts of a marriage fairly and equitably, with awards of 1/3 to 2/3 or 1/2 and 1/2 being the most common (taking into consideration debts and assets). If your spouse is threatening you with legal action or one or the other has filed legal action, you absolutely need to at least consult with an attorney about how to preserve evidence, what documentation is needed, etc. Best wishes to you!
A: In a divorce case, the marital assets and debts are divided between the parties and usually 50/50. The parties generally get to keep their non-marital property. The Court generally isn't so concerned with how things are titled to determine whether they are martial or non-marital. The Court generally looks to see if the assets or debts were accrued during the marriage. Thus, even if the property is titled all in one party's name, the Court will generally find it to be marital and divided it between the parties if it was obtained through one of the spouse's efforts during the marriage. If your spouse is threatening to take everything from you, it sounds like you need to speak to an experienced divorce attorney to help protect your rights. It may also be time to speak with a marriage counselor if you want to stay in this relationship.
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