Do I need an attorney to file a fault divorce and get alimony. I have been married 24yrs and my husband is the bread winner
3 attorney answers
This reads like a parade of badness!
Alimony is certainly a strong possibility if the incomes you are describing can be proved. Obviously cash payments are difficult to track exactly, but all you really need to do in court is convince a judge that the income is happening, not necessarily document it. So, for instance, if he is showing very little documented income, but you can prove that he is paying thousands of dollars a month on this, that, and the other, the judge is going to want to hear how he got the income that enables his expenses.
You definitely will benefit from having a lawyer helping you get this done, given the information you have put down above. I am based in Portland, and regularly work with divorce clients in your area. Feel free to contact me if you want to discuss your case further.
Good luck with your situation. If you believe you may wish to hire a lawyer to help, please feel free to contact me. DISCLAIMER I am a lawyer, but I am not your lawyer unless you come to my office and we sign an engagement agreement. The answer provided here is for general purposes only, and does not presume to correctly address your particular circumstances. My answering this question does not create an attorney/client relationship.
This is a complex case meaning that you need to consult with an attorney in person to get an opinion. This forum is not the place to to answer all your technical question. We simply do not have the ability to ask you the questions we need to to collect the facts necessary to give you an opinion.
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You absolutely need an attorney since you've indicated several very large problems with your case. First, if your husband works for cash, proving income will be very difficult. Forensic examination of records may be needed, perhaps a private investigator. Second, you want alimony, which is not an automatic right and not intended to simply be a "forever" paycheck to a former spouse - you'll be expected to prove that you are incapable of supporting yourself and that you need the money to gain employment skills. Plus, you need to remember that his income is not that high - $2400/month is not a lot of income. After taxes, the take home is only about $1800-2000 (I'm guessing). And, he will have living expenses as well. So, how much income is actually available for alimony? Not much. ME is a no-fault divorce state, so you can proceed under that method - you can file a "fault" divorce, but then you'll have to prove your claims of adultry and abuse - you'll need to examine witnesses, documents, depose people, etc. It's far easier to go with a no-fault divorce.
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