Legal Question in Family Law in California
My brother is an Air Force veteran on 100 % disability with PTSD. He is going into a pretrial conference next week on his divorce and court a couple weeks later - without representation because he cannot afford an attorney. He was only married two years. His wife and attorney are trying at attach his benefits etc. for lifetime support. He is experiencing extreme physical and mental repercussions from the stress of this situation. If his spouse and her attorney are uncooperative (they are) is there any way to get this postponed for a while? he is on medication and cannot safeguard his own interests in any meaningful way. How do I go about looking for a local attorney who might help pro bono?
for any help you can give, I thank you.
2 Answers from Attorneys
He needs to contact the VA and any independent groups that help vets and he should get a letter from his Dr. that he is not in a mental condition with the medications he takes to properly understand and represent his interests. He can attempt to file a motion with the court to try to delay the conference and trial. For the conference he can co-operate but not agree to anything on the basis that he does not fully understand what is going on. You could probably appear to help him after telling the person running the conference why you are there. It is the trial that you need continued. You yourself should read, perhaps in one of the Nolo Press books, what benefits she might be entitled to, but also what benefits he can get from her as she may be in a better economic situation than he is so may have to give him support payments.
Good luck. Thank your brother for serving his country and protecting us.
I agree with above. And add that; the rule of thumb for the length of spousal support for marriages of less than ten years is one half the length of the marriage. Also that some of the most unfair judgments of divorce are due to one side persuading the other to sign an agreement that the court would never itself order as a result of a trial.
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