My wife does not have a valid drivers license, do I have to provide a vehicle for her during and after a divorce.

Asked over 2 years ago - Sharpsburg, MD

I am preparing to file for divorce and I just want to know what I have to provide. She has no license and has a warrant for her arrest in Maryland for driving on a suspended license.

Attorney answers (2)

  1. Jason Alan Ostendorf

    Pro

    Contributor Level 8

    2

    Lawyers agree

    1

    Answered . If she is on the title to the vehicle, then she has an interest in it, regardless of whether she has a valid license. If the vehicle was obtained by her prior to the marriage, and if you are not on the title, then you have no interest in it and cannot list it -- its hers. On ther other hand, if the vehicle was obtain during the marriage, then it is marital property and relevant to the divorce, meaning, if you have no agreement with the spouse, you should list the vehicle as property as to which the court must make a determination.

    Filing a divorce that may be contested is not something you can do on your own. Divorce lawyers are required to attend three years of law school before being permitted to handle such matters for a reason. I cannot even begin to recount the horror stories of certain clients of mine - know-it-alls - who filed a divorce action pro se and then later came to my firm after they had already butchered their cases.

    If there is any property, or if there are any children as a result of the marriage, about which you care at all, just bite the bullen and make the expenditure for a professional. You will probably save money (and stress) in the long run. Additionally, if you get a very seasoned lawyer, and if the spouse makes meritless demands or otherwise offends the court with frivolous actions, then the lawyer may well be able to have the court force your spouse to reimburse you for the legal fees.

  2. Robert Ricci

    Contributor Level 18

    2

    Lawyers agree

    Answered . If she cannot legally drive, I doubt a court would require the cost of a car. As to whether such a requirement would otherwise be reasonable depends on your and her finances, the length of the marriage and other factors.

    Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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