What to expect in a divorce regarding thedivision of property and the awarding of alimony?

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What to expect in a divorce regarding thedivision of property and the awarding of alimony?

I recently addressed a situation where my husband is texting underage girls. I caught him doing this again and now I would like to file for separation. Are there laws governing underage texting? (non-explicit as far as I know) Also, we have been married just short of 6 years. If the house is in my name as I had it before we met, will he be entitled to any portion of the home? And finally, he is self-employed but refuses to aquire a business license, insurance, etc. (this adds to my reasons for leaving). I to have opened a business and have all of the proper legal matters in place. Since I show gainful employment and he does not will I be required to support him after a divorce?

Asked on March 24, 2011 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  May I strongly suggest that you seek help from a very good attorney in your area on the matter?  If the texting is "sexting" then yes, there are laws.  And I am sure that there are some decency laws that may apply as well.  But how are you going to prove this?  Cell phone carriers do not generally release content information as to texting.  There is a whole privacy issue but for minors it may be different if done criminally.  Generally speaking property that was separate before marriage is separate afterwards as log as there is no intent to co mingle: putting the deed i his name, etc.  Just check on the issue of "increased value" of the marital residence.  In other words if he took the time to reside the house on the weekends and increased its value that increase is sometimes seen as marital property in some states.  Also, maintenance or alimony goes both ways now a days but many factors - such as length of marriage - go in to that determination so more information is necessary.  Get help.  Good luck.


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