Legal Question in Family Law in California
I'm 21 and recently got married because I got her pregnant, she is due in December, I'm unhappy and want a divorce but I fear she will take half my things and keep my child away from me. Her family has a history of suing people and I feel that I wont be an acceptation. I have a honest job and work 50 hours a week, I am mentally stable, I don't do drugs, and I rarely drink. My questions are :
-Can I get the marriage annulled? If so how.
-Can she keep my child away from me?
-How much can she take for child support?
-Can she take half or more than half of my things?
-I have a shared bank account and a separate bank account, can she take any money from my separate bank account (her name is not under my separate bank account).
2 Answers from Attorneys
It may be possible, it depends on when you got married, and if you do so before the child is born.
She cannot keep the child away from you, only the court can.
The court determines child support.
She may be able to take half of your joint assets.
She may be able to take money from your separate account if the funds have been deposited from work during marriage or if any money has been commingled.
Call me so we can discuss this situation immediately.
JDH
On the annullment issue, look at the Petition for Dissolution/Annulment. You can't get an annulment simply because you haven't been married for long, rather you need to have specific grounds. The available grounds are listed on the Petition.
As for child visitation and support, these issues are determined by the Court. You need to bring a paternity action as soon as the child is born so the Court can order visitation. Just because she doesn't want you to be part of the child's life doesn't mean that's what the Court will decide. As for support, this is determined based on both parties income, expenses and visitation timeshare with the child. Look on the State of California's Department of Chidl Support website for the child support calculator.
As for a division of assets, it is not determined by whether property is held in one parties name alone. If you have joint funds in your separate savings account, she is entitled to half of that. Any wages earned during marriage are community property whether deposited in a joint or separate account.
Contact my office if you would like to discuss these issues further. Good Luck.
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