Legal Question in Family Law in California

What are my rights in this divorce?

Situation:

6 years of marriage. in our 30s

She had 4 affairs and now that I know, we are splitting up.

Our assets and debts are pretty equal and we agree on them. First question: She took on a $40K student loan before we were married and I helped support her through school with my job (her employment has been spotty). Since the loan was taken on before we were married (but living together for a year at that point), do we have to divide that, or is it all hers like we think it is (she does not think I should have to help with it either so that is good) but what does the law say?

Second question: Am I entitled to more than 50% given that she had affairs and I helped put her through school for an advanced degree?


Asked on 7/29/03, 4:12 pm

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: What are my rights in this divorce?

You won't get more than 50%. CA is a "no fault" state, meaning the court will not consider conduct.

The student loan is her separate debt; that would be true in this case even if she incurred the loan during the marriage. You may be entitled to one-half of whatever was paid down on the loan during the marriage.

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Answered on 7/29/03, 4:48 pm
Dieter Zacher Law Offices of Dieter Zacher

Re: What are my rights in this divorce?

California is a "no fault" state. Meaning, the spouses can divorce and have their property allocated without proving that somebody caused the marriage to fail. California is a community property state which means the spouses split all community property 50/50. The school debt is her debt, unless you cosigned, and you would be entitled to a "credit" for payments made to further her education. You should really hire a lawyer.

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Answered on 7/29/03, 5:18 pm


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