Legal Question in Family Law in California
Help with my Divorce Advice
I am getting Divorced, the hearing is set for Feb 15,00. My wife abandoned me and our now 3yr old son in Mar 98 after 10 mos of marriage, she also abandoned all responsibilities bills, mortgage, daycare, maintenence on our house that we bought Before marriage. Her lawyer is seeking Watts Credit, as well as half of my 401k that I had before marriage. Her Lawyer is seeking for me to sell the house that has been stable for my son all this time. I have sole custody, she has not kept her visitation arraingment, has not paid any daycare, nor has she paid any of his living expenses. I am trying to do this myself as I can not afford a Laywer. Any help and or information would be greatly appreciated!
2 Answers from Attorneys
Re: Help with my Divorce Advice
You cannot afford to not get a lawyer. Seek a continuance of the trial to get counsel. Borrow against your 401k or your house. The atty might take a lien against the house. Does you wife make more than you; maybe she will be ordered to pay some of your fees.
You will lose more without an atty than an atty will cost you.
Re: Help with my Divorce Advice
Your situation is to complex to explain with the limited information you provided, and the limited time I have to respond.
You must determine the community property value in the house and whether she has a separate property interest in the house. To do this you must know the law regarding community property law.