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    omega_red_08's Avatar
    omega_red_08 Posts: 110, Reputation: 3
    Junior Member
     
    #1

    Dec 11, 2008, 10:11 AM
    Want more information on divorce
    I'm about to get married. I'm really excited but I don't want to overlook any of the negative things that the future may hold. I have already asked a question about being responsible for her pre-marriage debt and I want to thank everyone for their responses.

    I found a web page that explains divorce proceedings here.

    The problem is I can't decipher the property distribution and spousal support paragraphs.

    Are marriages really a 50/50 split of all assets? Like could she make me sell my car and get half the money? Is she entitled to half my savings account? I'm really confused!!
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #2

    Dec 11, 2008, 10:29 AM

    Yours is a fairly broad question.

    Property acquired during marriage is divided equally in most states (in California we call property acquired during marriage community property and divide it 50-50 in a dissolution unless the parties agree otherwise). In no-fault states (like CA) grounds for divorce are usually just irreconcilable differences; and the reasons for the divorce have no effect on property division (you don't get more of the property because your spouse cheated on you for example--that's part of the no-fault concept). What you bring into the marriage, inherit anytime and in some states (like CA) what you acquire after a date of separation is your separate property (with some exceptions re: post-separation acquisitions). Debts you bring into the marriage remain the obligation of the party who brought them in; debts during marriage are the joint obligation of the parties (we call them community debts) and debts incurred after separation are the separate obligation of whoever incurred them.

    That's just a crude overview of how it works.
    omega_red_08's Avatar
    omega_red_08 Posts: 110, Reputation: 3
    Junior Member
     
    #3

    Dec 11, 2008, 02:58 PM

    I guess I'm just under the impression that most family law is biased against men. I'm sure the statistics will show men are almost always the reason for a failed marriage probably through infidelity. I guess I just want to know the best way to protect myself and finances. She is going to want us to have all our money in one account and I don't agree with that. I want us to have 3 accounts: hers, mine and ours.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 11, 2008, 03:59 PM

    Divorce is fairly equal and decided by statue, child custody is where where some courts and judges are not as fair. And really no I don't think infidelity is the major reason, it is just they get bored or grow apart.

    Money is the biggest issue, why do you not want the money to be in one account? Why do you feel the need to have your own separate money? Where will this money come from ? Where will her money come from, how will you divide the bills up
    omega_red_08's Avatar
    omega_red_08 Posts: 110, Reputation: 3
    Junior Member
     
    #5

    Dec 12, 2008, 03:40 PM
    Quote Originally Posted by Fr_Chuck View Post
    Money is the biggest issue, why do you not want the money to be in one account ?? why do you feel the need to have your own seperate money ?? where will this money come from ? where will her money come from, how will you divide the bills up
    Well the reason for 2 accounts is: her account for her bills like car and her debt consolidation, my account for all my bills - car, house, medical, various credit cards and then our account for money for the bills - electric, water, etc. We would put enough in to cover the bills ever pay period. The amount would vary. Since I make a little more I don't think its fair to split it 50/50. Maybe 70/30.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #6

    Dec 12, 2008, 04:51 PM
    Quote Originally Posted by omega_red_08 View Post
    Well the reason for 2 accounts is: her account for her bills like car and her debt consolidation, my account for all my bills - car, house, medical, various credit cards and then our account for money for the bills - electric, water, etc. We would put enough in to cover the bills ever pay period. The amount would vary. Since I make a little more I don't think its fair to split it 50/50. Maybe 70/30.
    My advice at this time is don't get married. Your not even close to ready to make any kind of a commitment. You really need to consider what a marriage is beyond the money and the " things ".

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