Legal Question in Family Law in California

Divorce

I have been married for almost 5 years and want a divorce. My husband was physically and emotionally abusive for the first 4 years, but has gotten help in the past year. I have decided that although he has gotten help, I still want a divorce. I moved out 4 months ago and am renting an apartment. Until now, I have kept finances the same, but now want to separate finances so I am not paying for his frivolous spending. I don't want to be financially responsible for him anymore and don't know how I can legally do this. He makes ~60% of what I make so I was thinking that I should pay 60% of the joint bills and get 60% of the tax return. How do I legally separate the bills and tax return?


Asked on 12/05/01, 3:34 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce

It sounds like you are working in a vacuum and don't know which way to turn. There are laws that cover your situation and they can be applied differently depending on the facts. If your husband is making 60% of what you are making, he may be entitled to spousal support, but the judge must divide community debts (those debts made while you were living together) evenly. Any debt he incurs after you separated is his sole debt. You should have an attorney help you through this maze or it may cost you much more than the cost of an attorney. Good Luck, Pat McCrary

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Answered on 12/05/01, 8:00 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Divorce

once you seperate with the intent to divorce you are not responsible for any debts he incurrs after the seperation. have your name taken off all accounts and file for the divorce.

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Answered on 12/05/01, 5:22 pm


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