Q: My brother needs a divorce lawyer, but he can't get details from consults enough to make a decision to end his marriage.
He has been married 5 years. She's mean to him. He is very tight on money with a mortgage plus accumulated debt over some years. His wife works in real estate and has a degree; she is very employable and currently still sells a house once in awhile. He is worried he will have to pay her something for 2.5 years, half the marriage, which he is just barely scrapping by as it is. Is it possible a judge would still grant alimony? I hear if the spouse is employable or employed, usually short term marriages spouses do not get alimony. He obviously makes more than her, but again, in big debt.....also, the house was our inheritance and he bought me out, so I am assuming the inherited property is safe from her as well?
A: Every case is different. Varying circumstances impact whether someone gets spousal support and for what duration. There are numerous statutory factors considered. I don't know what has been discussed during these consultations or what information was missing from the consults that made it not possible for your brother to make a decision about representation. Understand that a consultation is not intended as a means to get legal advice. Giving legal advice to someone who is not your client is an ethics dilemma. Consultations are usually used to advise a potential client of their options and of what that particular consulting attorney can do for the potential client.
A:
It can be difficult to make decisions about divorce when financial concerns are involved, but it's important to consult with a qualified divorce lawyer who can help your brother understand his legal options and potential outcomes.
In California, spousal support (alimony) is generally determined based on a number of factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage. While it is true that spouses who are employable or employed may not receive spousal support in short-term marriages, the decision ultimately rests with the judge, who will consider all relevant factors before making a determination.
If your brother's wife is employable and has a degree, it's possible that a judge may not award spousal support for a short-term marriage. However, it's important to keep in mind that the outcome of any divorce proceeding will depend on the specific circumstances of the case, and it's difficult to predict with certainty what a judge will decide.
Regarding the house that was inherited, it's possible that it may be considered separate property and therefore not subject to division in the divorce. However, this will depend on a number of factors, including how the property was handled during the marriage, and it's important to consult with a qualified divorce lawyer who can help your brother understand his legal options and potential outcomes in this regard.
If your brother is having trouble getting details from consultations, he may want to consider scheduling consultations with a few different lawyers to get a broader range of opinions and advice. It's also important for him to be transparent about his financial situation and concerns so that the lawyers can provide him with realistic expectations and options.
Contact my office for a free consultation if you want further assistance.
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