How do I divorce my husband who is a millionaire if I have no access to money?
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Answer:
Alimony or spousal support may be awarded to either spouse for their support after the divorce. Spousal support should be considered if the circumstances are such that a spouse will face hardships if he or she does not receive financial support. Alimony payments are designed to help with financial obligations of the receiving spouse and to maintain a similar lifestyle In other words, the law recognizes that a wife (or husband) should not be forced to live at a level below that enjoyed during the marriage.
The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including:
1. The standard of living established during the marriage.
2. The duration of the marriage.
3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.
5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.
8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.
10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.
Either party can ask the court to make temporary orders stating, for example, who stays in the house, who is responsible for the children, who pays which bills and restraining inappropriate conduct. In Arizona when children are involved, temporary orders for child support will automatically be ordered by the court when a divorce proceeding is filed or the other spouse is served.
Arizona child support guidelines are based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent's income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2's and child support worksheets are available at the courthouse.
The amount resulting from the application of these guidelines is the amount of child support ordered unless the court finds that application of the guidelines would be inappropriate or unjust in a particular case. The court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The court shall base the guidelines and criteria for deviation from them on all relevant factors, including:
1. The financial resources and needs of the child.
2. The financial resources and needs of the custodial parent.
3. The standard of living the child would have enjoyed had the marriage not been dissolved.
4. The physical and emotional condition of the child and the child's educational needs.
5. The financial resources and needs of the non-custodial parent.
6. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
7. The duration of parenting time and related expenses.
The courts in the State of Arizona will distribute the community property of the spouses as it deems equitable and just, without regard to marital fault, after setting aside to each spouse that spouse's separate property. Community property is property acquired by the spouses during the marriage. Generally, the law presumes that any property purchased or obtained by either spouse during the marriage is community property. Community property is not just land or buildings. It includes all kinds of property, such as money (all forms of cash, bank accounts, investment accounts), jewelry, home furnishings, automobiles, boats, stock options and the wages or earnings of either spouse during the marriage. Even retirement plans and pensions can be part of the community property estate.
You and your spouse may have a written agreement (a prenuptial or postnuptial agreement), that indicates how matters should be handled if the marriage ends. The agreement is a contract listing and describing the spouses decisions about ownership of real estate, dividing property, financial support and, if children are involved, even issues of custody and parenting time. In a divorce case, the court must accept the separation agreement (except for matters about custody, parenting time and support of children) unless it is unfair.
Litigation is expensive. An attorney will typically spend an average of two to three hours preparing for every hour in court. In addition, pre-trial discovery (such as depositions, interrogatories, requests for production of documents, etc.) add to the expense. It is in your financial interest to resolve cases through negotiation when a high quality result can be obtained in this way. Those negotiations can occur in the form of discussions between spouses, Mediation, Collaborative Divorce, settlement conferences between attorneys in traditional cases, or formal court-ordered settlement hearings. The total fees and costs in divorce proceedings vary depending upon a number of factors. If you and your spouse agree to most or all terms, the fees and costs will be minimal. It is our belief that no matter how simple the divorce, it is always in your best interests to consult with an attorney. This does not mean that you cannot do your divorce yourself. However, many people who do not consult with attorneys may leave out certain very important provisions that can come back to haunt them later on, and cost them a great deal.
If you do represent yourself, you must, however, follow the same rules and procedures as attorneys. All legal papers must be in the proper form and filed on time. The judges, clerks and staff of the court are not permitted to give you legal advice.