What can be asked for ina divorcesettlement?

UPDATED: Jan 2, 2012

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What can be asked for ina divorcesettlement?

I’m in the process of a divorce. I’ve been a stay at home mom for the past 6 years without my own income. Is it true I could ask for all my legal fees to be paid for in the settlement due to this fact? Also, while I didn’t file under an abusive marriage I am now at a point where I cannot work for a bit and am in counseling weekly. Can I ask for this to be paid for in the settlement as well?

Asked on January 2, 2012 under Family Law, California


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

Answered 11 years ago | Contributor

Unfrtuantely I do not know what state your question originates from so I can not help give any specifics as to the factors your court's judges will consider.  You would have to seek legal dvice from ana ttorney in your area.  Generally speaking, a determination is made at the onset as to what is marital property, separate property or quasi marital property. In Community Property States marital asets are split 50/50.  In Non-Community property states mariital assets are aplit under a theory of law known s equitable distribution.  AS for spousal support (alimony), courts generally take in to consderation the length of the marriage, the way the parties lived during the marriage, the earning capacity of each spouse, etc.  It is time to speak with an attorney.  Good luck.

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