Legal Question in Family Law in California

Alimony, Property in California

My friend is going thru a divorce. They have been legally seperated since Feb. 2000, married 16yrs. Here is the situation. The end of July they sold the family home. He purchased a new home in Aug, leaving her and the child with her parents as she had no intent to look for a new home. She pressed abandonment charges so he had to let her move back in until the divorce was final. Now the final date has passed she threating to go for the house if he goes thru with the divorce. What rights does he have? Any refferals would help.


Asked on 8/28/00, 5:18 pm

2 Answers from Attorneys

Michael Gray Barber & Gray, LLP

Re: Alimony, Property in California

There is no such thing as abandonment in California. The only grounds for divorce is irreconcilable differences. California is a no fault state.

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Answered on 10/03/00, 4:34 am
Diana Mercer Peace Talks Mediation Services

Re: Alimony, Property in California

Because California is a no-fault state, your friend can't stop the divorce. She can enforce her rights, however, for community property (which probably applies to the house), child support and spousal support. She needs to see an attorney if she hasn't seen one yet. If she can't afford an attorney, she can call the local bar assocation for suggestions as to low and no-cost alternatives. In Los Angeles, the Bar Association phone number is (213) 627-2727. She might also try the Family Law Information Center (213) 974-5004. If she's not in or near LA, check the yellow pages for the local bar association. If she needs a referral to a private attorney, she can call me and I can suggest someone in LA. If she and her husband would like to try to work this out through mediation, feel free to give me a call, too! Good luck, and your friend is lucky to have a supportive friend like you!

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Answered on 10/03/00, 3:02 pm


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