Legal Question in Family Law in California

Divorce

If I choose to leave before I file divorce papers because my husband is physically and emoitionaly abuseive do I get the equity out of the house? I also have a 401K that he never contributed to does he get half by law? I do have two children one is his step child and one is his. I don't have much money to file for a divorce, but I need to get out of this relationship,can someone advise me?


Asked on 8/27/04, 2:09 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce

First get away from him. You can file for a domestic violence restraining order and a kick out order, or go to a domestic violence shelter. Many courts have a facility to assist individuals in preparing their own paper work. You may also be able to retain an attorney by securing the payment by your interest in the family home.

You will not lose any interest in the community property by moving out of the house. He may have a community property interest in your 401k plan.

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Answered on 8/28/04, 1:00 am


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