How does divorce and alimony work?

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How does divorce and alimony work?

My husband and I have been married for 5 years. I have a 19 year old daughter that he has adopted and a son (20 months). Not long after we got married, I have found out that he cheats on me (I have proof like photos and letters). When we were married, my husband bought a house with a mortgage for 15 years, however I am not on the title. He works for the government and I am a college student. What am I entitled to after we get divorced by our state law? Is there any chance of me getting 100% custody considering that he doesn’t spend any time with his child.

Asked on July 31, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of most states in this coutnry, the marital assets between the parties are equally divided while each spouse keeps his or her separate property.

As to alimony (spousal support) such is determined based upon the ability of whether one spouse is in school, cannot work, needs job retraining and the like in comparison to the other spouse's income.

As to having physical custody of the 20 month old child, from what you have written, there seems to be a good chance of such. I suggest that you consult further with a family law attorney about your matter.


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