Legal Question in Family Law in California
Divorce including Children
I am currently an unemployed homemaker and mother of 2. I want to know what options I have. My husband and I have been married for 6 1/2yrs, but have been together for close to 12yrs. He owns his own home in which he inherited.
legally speaking, could I go after the appreciation amount in which the home is currently valued at? What would his financial obligations be to me since I have been a homemaker for at least 10 of the 12yrs we have been together? I am fearful that because I cannot provide for my children financially that the courts will favor him, and he has threatened that to me before. He had previously filed for divorce and custody after I left the county to live with family, but because of the fact that my son had already been established in school, and we had been living at the home for most of his life, the judge felt it was best to leave him in the environment that he was used to. I lost physical custody! We reconciled, and now with another child in the picture- I feel we are about to go down the same road again. Financially he has the money to throw around- but I have no access to it, and I know that he has hidden accounts which I have no access to. I just would like to know what I have rights to.
2 Answers from Attorneys
Reply: Divorce including Children
Generally speaking, your marital period of time is 6 1/2 years and the court may not be concerned with the period of time you lived together prior thereto.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Divorce including Children
You should consult an attorney regarding the facts of your case. It is common for the courts to order the husband to pay most or all of your attorney fees in a case such as this. If there is a break up of the marriage do not leave the family home before consulting with an attorney, unless there is domestic violence or some other threat to your safety on the children are in danger. If there is domestic violence call the police and report it. They may be able to obtain a temporary restraining order keeping him away long enough for you to go to court for a domestic violence restraining order.