What can I take from my wife if we get divorced? 10 Answers as of February 20, 2014

My wife makes more money than me and the house is under her name. We have three kids and have been together for 10 years. If we want to get a divorce what can I do to get back at her? Like revenge what can I take from her?

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Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
You can only take what you are legally entitled to. Arizona is a community property state, so assets (and debts) that were accrued during the marriage are usually divided 50/50. Making more money does not mean you are entitled to alimony or spousal maintenance either. There are other factors that you would have to prove to show entitlement. I would consider counseling if the two of you remain together or if you choose to separate; wanting to exact revenge on the parent of your children will not be a healthy way to move forward, regardless if you stay together or divorce. Good luck.
Answer Applies to: Arizona
Replied: 2/20/2014
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
Revenge is expensive. You never get the satisfaction from it that you think you would, and if you have children together, you will likely ruin your relationship with them as well as her. However, with a long term marriage and imbalanced income, you may be fairly entitled to certain benefits. An attorney can review your case specifics under confidentiality and give you an evaluation of what you could expect to receive.
Answer Applies to: Nebraska
Replied: 2/19/2014
Heidi Lauer
Heidi Lauer | Heidi Lauer
There is no revenge in family law. You should find out your rights and obligations and move forward with your life. This person is the mother of your children, so you should think of them and work with your wife to make this situation as manageable as possible.
Answer Applies to: California
Replied: 2/19/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Divorce is about going on with life, not revenge.
Answer Applies to: Georgia
Replied: 2/19/2014
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Nothing can be taken for revenge. You have a right to half the community property from date of marriage to date of separation.
Answer Applies to: California
Replied: 2/19/2014
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    You really need to speak with an attorney about equitable distribution, it would not be an accurate answer in this forum.
    Answer Applies to: New York
    Replied: 2/19/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    The court will not let you get revenge. The court will give you one-half of the community property. The house may or may not be transmuted into community property. However, if community funds were used to pay the mortgage, you may be entitled to one-half of the principal paid on the house if it is not community property. One more point on revenge. The only people that will get anything out of it will be the attorneys who will be paid an arm and a leg for your revenge. And how will your going for revenge affect the children? Get your head on straight and think about them and moving on with your life.
    Answer Applies to: Idaho
    Replied: 2/19/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Half the community property.
    Answer Applies to: Nevada
    Replied: 2/19/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You may want to rethink your motivations on how to proceed on this divorce particularly in light of the fact that you and your wife and children together. Your behavior reflects directly on them. With that being said, if your wife makes more money than you do, you may be entitled to spousal support. You may also be entitled to a percentage interest in the family home. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 2/19/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    It does not matter if the house is in her name or not.. you get 1/2 the equity you should also get 1/2 of her retirement, 1/2 all savings, etc. contact an attorney.
    Answer Applies to: Michigan
    Replied: 2/19/2014
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