Legal Question in Family Law in California
Disability and Asset Distribution
I have severe fibromyalgia which has prevented me from working for almost four years. I was a drama/music teacher and had a few odd jobs, but was primarily a fabulous wife and mom. Now my husband, who recently, surprisingly, filed for divorce, wants to terminate the court's jurisdiction over spousal support. In addition he won't let me have the house because it is worth more than all of our other assets combined. He has his own home where he works out of town, I can't work, I still have two minor children living with me - one mine, one his (BIRTH MOTHER DIED). I physically can't handle the stress of a move, but have worked out a way to generate enough rental income in my home to make the payments. Should I get an attorney? My husband insists on collaborative law, but we don't meet any of the suggested criteria for this less expensive modus operandi.
Thank you.
3 Answers from Attorneys
Re: Disability and Asset Distribution
Your husband will probably have to pay you spousal and/or child support for the rest of your life, presuming you have been married at least 10 years. You are probably entitled to 1/2 the equity in the home if the home was purchased during the marriage.
Re: Disability and Asset Distribution
You should retain an attorney who can review the facts and advise you about collaborative law. With the right parties and the right attorneys it will work. It depends on his attitude on whether it will work. Good Luck, Pat McCrary
Re: Disability and Asset Distribution
You should retain an attorney who can review the facts and advise you about collaborative law. With the right parties and the right attorneys it will work. It depends on his attitude on whether it will work. Good Luck, Pat McCrary
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