Legal Question in Family Law in California

Desertion

My Wife of over 3 years flew to Ohio the night before last intendind to set up a cohabitation with another man (and his Mother) who has expressed ''feelings'' towards her.She claims she has no intention of being anything other than platonic with him.There has been NO separation agreement,or divorce papers filed at all. My intent is to put her actions in the public record to insure that it would nullify and void her rights under the ''no contest'' rules of California.She says she doesn't want anything,now.But since there was no good faith effort to resolve our problems through counseling I feel that I have no interest in cooperating with anything she may at some point persue.What do you think of my course of action I proposed/What are the legal ramifications of her actions?What if any other actions do you feel ,or think I should and need to take.Thank you .


Asked on 3/23/06, 12:35 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Desertion

If you feel that your marriage is over you should file for legal separation or divorce. If you only ask for separation she may respond that she wants a divorce. In California there is no need to prove desertion or any other reason for the request for a change in your marital status. If fact, the court is not going to want to hear about your wife's current living arrangements even if she joined the circus. She is not required to reach an agreement with you or to engage in counseling in order to insure her rights. Should she request temporary spousal support it will be based upon your income and her income. If she has quit her job to move you would use what she was making. You may also argue that she is receiving free housing etc that should be counted as additional untaxed income. She may also claim 1/2 of any community property and be liable for 1/2 of the community debts. If these financial issues are beyond your ability to sort through get help from an attorney or the Family court facilator.

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Answered on 3/23/06, 8:37 pm


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