Legal Question in Family Law in California

divorce and employment

I have not worked for 12 years now after 22 years of marriage my husband is seeking a divorce. do I hurt myself legally by going back to work and finding a condo for myself now before the divorce is legal?


Asked on 3/30/08, 8:42 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: divorce and employment

If by "hurt yourself legally" you mean get less spousal support, the answer is probaby yes. It's rarely a good idea, however, to let the tail wag the dog. Do what's best for your situation. If you need to work to make ends meet regardless of spousal support, then go to work. If you work after spousal support is set, your spouse will return to court to lower the amount of support.

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Answered on 3/31/08, 12:39 am
PATRICK MCCRARY PATRICK MCCRARY

Re: divorce and employment

You will not hurt yourself to go back to work or to buy a condo. However, you should make sure that your husband signs off on the condo so that there is no issue of whether it is community property. Also, if the dissolution is filed you will need to be careful not to violate that Automatic Temporary Restraining Orders against tranferring property. Concerning going back to work the judge is going to expect you to go back to work at some time soon. I would suggest that you obtain experienced legal counsel on both issues. Make sure that you understand your rights and obligations before you make any major decisions. Good Luck, Pat McCrary

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Answered on 3/31/08, 10:30 am


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