Legal Question in Family Law in California

custody? alamony?

Here are the basics:

My wife of 6 years is having an affair and leaving me and my 2 children (ages 4 and 6) to move to Ireland with her new boyfriend. She has never worked a day in her life, has never had a drivers licence, and has no regard for the children's wellbeing. She has no drug history and just got convicted of commercial burglary and petty theft. (no jail time) She knows I'm a good dad, and she's bailing. I can and will support these kids on my own. I know this is limited information, but I will fight for full custody. Is that a possiblity? If and when she comes back can she get alamony? I heard after 5 years of being married, she can get half of my paycheck. Is that true? Please advise.


Asked on 9/27/05, 4:29 pm

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: custody? alamony?

In a general sense, 6 years is not a long term marriage - the rule of thumb on short term marriages if 1/2 the length of the marriage, starting at the time of separation. Child custody is always modifyiable upon a significant change of circumstances.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/27/05, 4:43 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: custody? alamony?

SOLE LEGAL AND PHYSICAL CUSTODY IS A POSSIBILITY. HOWEVER, THERE IS TOO LITTLE INFORMATION PROVIDED IN ORDER TO GIVE YOU A CONSIDERED OPINION REGARDING CUSTODY OF THE CHILDREN.

WITH REGARDS TO ALIMONY, YOUR MARRIAGE IS NOT A LONG TERM MARRIAGE UNDER THE FAMILY CODE AND THE GENERAL RULE IN SUCH INSTANCES IS ALIMONY, IF AWARDED, MAY LAST FOR UP TO HALF THE TERM OF THE MARRIAGE. THERE ARE HOWEVER, EXTENUATING CIRCUMSTANCES, OF OF WHICH APPEARS TO BE THAT YOUR SPOUSE MAY BE COHABITATING WITH A MEMBER OF THE OPPOSITE SEX - THIS HAS A VERY DEFINITE BEARING ON THE OUTCOME.

IN ANY EVENT, THERE ARE TWO YOUNG CHILDREN INVOLVED AND THEIR FUTURE AND WELL BEING IS AT STAKE. THEREFORE, I STRONGLY RECOMMEND THAT YOU RETAIN THE SERVICES OF A COMPETENT FAMILY LAW ATTORNEY TO ASSIST YOU - THE MONEY YOU PAY ON ATTORNEY'S FEES MAY PROVE TO BE THE BEST MONEY YOU HAVE EVER SPENT.

REGARDS,

DAMIAN M . NOLAN

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Answered on 9/27/05, 7:13 pm


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