Can my wife take everything away from me through a divorce?
3 attorney answers
First, do not be alarmed simply because the divorce papers list every asset you have. It may just be posturing, or ignorance about the characterization of a particular asset, or attorney greed--hard to tell which at this stage in the litigation.
When a client comes in to see an attorney, we usually ask about the assets of the marriage, so that we have a global view of the "stuff" we are litigating about. During the early stages of a divorce, it is not uncommon to assume that everything is community property, pending the discovery process. It is relevant to the issue of attorney's fees, as well.
That said, you must take steps to account for every asset, including its acquisition date and the funds used to purchase the asset. Once you compile that information and provide it to opposing counsel then the picture of what constitutes separate vs. community property will become clear.
Just because your spouse has requested each and every asset does not mean she will get it. But you need to hire an experienced family law attorney to help you avoid critical mistakes early in the proceedings. It is far more expensive to fix mistakes than to do things right the first time.
As for the issue of spousal support, I am including links below that may be of some help. Assuming it is a long term marriage, you should be prepared to pay alimony--but should discuss the options available to you with a competent and creative attorney who may be able to structure a favorable settlement with this in mind.
With regard to child support, all of your children are over 18, so that is not an issue in this proceeding. Good luck to you.
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She can't take everything from you, but only her share of community property that is acquired during marriage. Your separate property won't go to her unless in some specific cases like family businesses. But, it is in your best interest to go to a experienced family law attorney who would protect your interests.
DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't create attorney client relationship.
You should immediately consult with an attorney to get some perspective and understanding on the divorce process. It sounds as though the petition has been filed and I am not certain as to whether the asset debt schedule ha been filed. The asset debt schedule is the document that identifies property, characterizes the property and places values on the property. Disputes will be determined by the court. Your attorney will advise on the best course of action to prove your separate property claims/contentions. Spousal support can be determined from all sources of income including inheritance.
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