Legal Question in Family Law in California

My Brother in-laws wife ( my sister ) is currently incarcerated for murdering thier son,in front of the other two children ( one younger and the other was older), is there ANY California laws to divorce her with out her getting any visitation as well as a non-contested divorce


Asked on 1/01/13, 2:29 pm

1 Answer from Attorneys

Stephanie Leroux Law Office of Stephanie A. Leroux

He should view the California Courts' Self-Help Website on child custody/visitation at: http://www.courts.ca.gov/selfhelp-custody.htm. Based on your facts alone she should not be able to obtain any custody or visitation. See California Family Code Section 3011.

He should view the California Courts' Self-Help Website on divorce at: http://www.courts.ca.gov/selfhelp-divorce.htm. Pertaining to divorce, he will absolutely be able to get a divorce. However, there is no gaurantee that she won't contest certain matters, i.e. property distribution, etc. California is a community property state and the property will be divided accordingly.

Depending on the circumstances he may also want to view information about domestic violence at: http://www.courts.ca.gov/selfhelp-domesticviolence.htm. He could obtain restraining orders to keep the wife from contacting the other children for up to five years or more.

Good luck to your family.

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Answered on 1/01/13, 3:16 pm


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