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Mediation was a failure. now going to trial for judge to decide my outcome.

Nashville, TN |
Filed under: Family law

mediation was a waste of 4.5 hours. husband makes twice as much as i do (receives regular pay, military retirement and VA disability), he does not want to pay any alimony, stick me with majority of bills. curious how the judge will view this as i thought it would be an almost equitable division of income (income and military retirement) and property and thought alimony would as well be so i can pay the bills, that he helped create. i have an attorney, but not getting a good feeling about how a judge can decide my fate in a trial in one day. will he look at everything, or will he just rule and will it be fair. i have asked for legal separation, he is wanting a divorce, and thinks he will get a divorce just because he says so. i never wanted any of this. Need any advice!!

Attorney Answers 2

  1. The facts you present are not very complete, a lot depends on how long you were married, whether you signed a pre-nuptual agreement, whether you have minor children, what you did during marriage, work, homemaker, etc.

  2. You would need to provide more information to determine whether alimony would be appropriate. Alimony is based on the length of the marriage, your need and his ability to pay. Several factors go into this determination such as your ability to work, degrees/special training and what you did for work during the marriage.

    Also, he will be granted a divorce if he requests one. You cannot force him to settle for a legal separation, even if you do not desire the divorce.

    This communication does not establish an attorney/client relationship between Lauren Castles and the individual who posted this question. To establish an attorney/client relationship, the questioner must contact the attorney directly to set up a consultation and to sign a contract for legal services. Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.

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