Q: I left my home 8 months ago I have returned will I still be entitled to half of the assets?
I felt pressured into leaving my there was no respect in the home
A: No one is automatically entitled to half. The court decides how the assets will be divided, and the legal standard is whatever is fair, which may or may not be half. The 8 month absence may or may not be a factor. Talk to an attorney about your options.
A: Assets both you and your spouse accumulated during the marriage will likely be considered marital property, depending on the source. When you file for divorce, your attorney should go through the discovery process, collecting information on all assets that may be considered marital property, and any separate property that has produced assets during the marriage, or that you have put money into. Then you can sit down and go over with your attorney what you may be entitled to based off of several factors. Leaving the marital residence and returning I don't think would be a factor in what you're entitled too. But you may want to do an inventory to determine if any assets have been disposed of while you were absent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
