Legal Question in Family Law in California

divorce

husband is having an affair, wants a divorce and is not willing to reconcile. I am not on title of house, bank accounts & credit cards all in his name only as well as vehicles. He also wants full custody of our 2 children. What are my options, if any? What is my worst case scenario, if that didn't describe it already?


Asked on 7/24/08, 8:23 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Re: divorce

There is really not enough information here for me to give a definitive answer. Whether or not it is community property depends on a few factors, but I will simply tell you that a spouse putting something in his name only does not convert what would otherwise be community property into his separate property. I would never advise anyone to attempt to represent themselves in a child custody case. Too much at stake. If you want a free consultation, give me a call.

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Answered on 7/24/08, 11:43 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: divorce

Title doesn't control division of property. It's determined by character. If it's community property you will get one-half regardless of title. Court's generally award joint legal and physical custody, unless you're not a good parent. You already described the worse case scenario.

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Answered on 7/25/08, 10:51 am


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