Legal Question in Family Law in California

Divorce before leaving CA and alimony question

Hello,

Married 4-1/2 years, no kids, no house (renting), not too much debt (approx $5-6k excluding car loans), separate bank accts, etc. Both of us are CA residents for 6 yrs. Married in FL in 2002. Want to leave/file in Jan '07, a mth. after I finish my BA. Have been a full-time student with a part-time job for the last 6 years. Husband put me through school, no student loans. He makes what I consider good $ (about 90% more than what I make a year). I'm hoping I will be entitled to some alimony, as I still need to get a teaching credential and he totally supports me financially.

My ? is - plan on moving back to FL to be with family and better cost of living. Although he--name removed--never been physically abusive, I believe he isn't mentally stable. Family suggests that I should inform him, leave the state, and then file for divorce in FL for my own welfare and safety. If I do this, do I need to live in FL for 6 mths before filing? Will filing for divorce in FL affect alimony? I really need some kind of temporary alimony before I leave CA, so I have enough $ to move across the country and get on my feet. Am I better off starting the proceedings here in CA and then moving to FL?

Thanks in advance.


Asked on 10/30/06, 3:16 pm

3 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce before leaving CA and alimony question

You should file for your dissolution in California if you are requesting spousal support. (Alimony) California would have jurisdiction over that issue. It can be paid be wage assignment so should not be a problem to enforce. Good Luck, Pat McCrary

Read more
Answered on 10/30/06, 4:45 pm
Law Office Law Office Law Office

Re: Divorce before leaving CA and alimony question

You should file the divorce in California because this is where you guys have been living and this is the jurisdiction of this problem is. This is what you can do if you don�t want him to be near you while the divorce is taking place; you can file the divorce here and if you have a friend or a relative you can stay with until the first couple of weeks go by while in the divorce process then ask the court if you can chance venue. This might work. Your main problem is that you need a lawyer quick. Our law office is very skilled this area of law and we would be more than happy to represent you in this family law matter. Please contact our law office TODAY at 760.243.5121.

Thanks and God Bless.

Read more
Answered on 10/30/06, 6:27 pm
Samuel Lovely Law Office of Samuel Lovely

Re: Divorce before leaving CA and alimony question

Obviously, you need to file in CA. The presumption for a short term marriage is spousal support for half the length of the marriage. I offer a free consultation and my rates are reasonable.

Read more
Answered on 10/30/06, 6:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California