We make about 2000 dollars apiece. She works and I'm retired. I'm paying for the car that she drives. I can pay my own bills for the house that I paid for. She is a legal resident with a green card, but no citizenship in La. The main problem that I have is that she spends money like it is going out of style.
Insurance Law Lawyer
First, keep in mind that generally, the duty to pay child support ceases when your child reaches the age of majority (18 years of age). I am assuming they will be 18 at the time of graduation. There may be a duty on your part to continue supporting them if they attend college full-time after high school and they are unmarried. Second, for the alimony issue, many factors will be assessed in determine what, if any, alimony you will be required to pay.
Because many issues remain unknown for you at this time, I highly suggest you seek legal counsel. You and your wife cannot be represented by the same attorney in your divorce, and your attorney cannot disclose your consultation or conversations with your wife.
Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.
Family Law Attorney
Louisiana provides for a no fault divorce so the reason for the divorce does not matter, either party can obtain a divorce without any requirement to prove anything other than the parties have been separated the required amount of time. She may be entitled to spousal support (alimony) both temporarily or permanently. The custodial parent of the children will be entitled to child support until the children graduate from high school or turn 18. She may be entitled to use of the family home unless it is your separate property. She may be entitled to use of the vehicle she drives until the community property is divided. She will be entitled to her share of your retirement when the community property is divided.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.
Family Law Attorney
If her spending is the main problem you have with her, you might consider a frank discussion or counseling. The divorce you anticiipate is not difficult to accomplish but can come with great costs, financially and personally..
This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid consultation with an attorney with expertise in this area.