seeking divorce,have new home, have family business

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mavance

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I have been married for 2 and 1/2 years. We have had nothing but terminal since we got married. Before we got married we were living together and decided to move,my wife bought a house in her name, my name was not used because my credit score was to low and it would raise the interest rate, so instead my income was used on the application as additional income. The land the house sits on is in her name. A year and 1/2 ago we started the process of building a day care next to our house, i agreed to do this because it is what she has always wanted and I wanted to make her happy. We went to the bank and the loan was put in her name and I signed a form saying I would help pay it back ( I guess as a co-signer). We do not have any kids together, she has 2 of her own which she shares custody with her ex husband. First I am trying to find out if I am responsible for a house payment if I leave and second if I give up all interest in the day care and leave what am I responsible for. Since we have only been married for 2 and 1/2 years is she allowed allimony and would she be allowed to get any of my military retirement that I am now recieving since April 2009.
 
I have been married for 2 and 1/2 years. We have had nothing but terminal since we got married. Before we got married we were living together and decided to move,my wife bought a house in her name, my name was not used because my credit score was to low and it would raise the interest rate, so instead my income was used on the application as additional income. The land the house sits on is in her name. A year and 1/2 ago we started the process of building a day care next to our house, i agreed to do this because it is what she has always wanted and I wanted to make her happy. We went to the bank and the loan was put in her name and I signed a form saying I would help pay it back ( I guess as a co-signer). We do not have any kids together, she has 2 of her own which she shares custody with her ex husband. First I am trying to find out if I am responsible for a house payment if I leave and second if I give up all interest in the day care and leave what am I responsible for. Since we have only been married for 2 and 1/2 years is she allowed allimony and would she be allowed to get any of my military retirement that I am now recieving since April 2009.

Let's start with the last question first.
I'm a retired Army JAG (30 years), so I know of what I speak.
The marriage was somewhat brief.
You had no issue (children) of this marriage.
No, she is not entitled to any of your military retirement.
It normally takes 10 years for a spouse to be entitled to a portion of their retiree's military retirement.

It is called spousal support and not alimony.
No, she has assets, so she shouldn't qualify for any spousal support.

You and she could save you both of yourselves a great deal of money, angst, and turmoil if you get a no fault divorce.

You both agree to the divorce, and have no children, so make it easy.
Do it yourselves.
You don't owe a dime on the home.
The equity after 3 years, in this economy, is nothing.
So, tell her she can have it all.
Walk away with no claim to the home.

Do the same thing for the day care center.
You and her should agree to taking your name off the note, due to the divorce.
Take the letter to the bank, and see if they will concur.
If not, ask for your name to be removed form any obligation associated with the day care center as part of the divorce decree.

Here are some do it yourself online divorce sites (choose wisely, save money):

http://www.divorcesource.com/promotions/online/vaonline.shtml

http://www.divorcelawinfo.com/

http://www.denbighlaw.com/div_uncontested.html

http://www.vadivorceonline.com/vapages/Divorce/divorcerequirements.asp

http://family-law.freeadvice.com/divorce_law/

Divorce from the bond of matrimony may be decreed:
No Fault:
(1) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart for 6 months.


VA Spousal Support Law
http://www.vadivorceonline.com/vapages/Alimony/alimony.asp
 
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