Legal Question in Family Law in California
divorce help
I've been married 16 yrs, have 3 children and own a home. My husband is mentally abusive to myself and the kids and at times has gotten physical, but there are no reports of it. Is there a safe way to get him out and file for a divorce? Would my 14 year old daughter have to visit him if she didn�t want to?
Also, is there a chance that the courts would award me the house until the kids are of age or do they automatically divide the assets?
Thank you
5 Answers from Attorneys
Re: divorce help
You need to speak with an attorney to discuss all your options in response to all your questions and more that will certainly arise. The home may remain in your possession with the kids living there. If abuse is shown, the court may require the father to seek counsel for abusive behavior and place restraints on his involvement with the kids with supervision, etc. Need to review all before real answers to your actual questions can be provided. Don Holben 800-685-6950
Re: divorce help
There is a procedure called the Domestic Violence Act which permits you to go to court for an emergency "ex parte" hearing under which a temporary order can be issued and served on him requiring him to appear in court and answer charges on whether he has committed acts of family violence. As part of the service of that order, it is conceivably he could be ordered and even forced to immediately leave, at least temporarily, until a final hearing his heard on the question of whether he should be ordered out for longer, forced into treatment, etc. All this can happen before he even knows it has occurred, and even along with service of the divorce papers. But, be forewarned, in this situation, no police complaint or domestic violence order can guarantee your safety. If he is dangerous enough, sometimes the only thing you can do is immediately after the act occurs, sneak off as soon as you can with your kids, file a police complaint and hide for awhile until you find out whether he has been jailed. Consult a family lawyer in your area to determine the best course for your particular situation.
Re: divorce help
Build your case against him with police reports. Then aggressively divorce him. Our offices have handled many similar cases. Contact us immediately for a consultation and advice on a step by step basis. WE CAN HELP.
310-266-4115
Reply: divorce help
I think that you should report all episodes of violence, as soon as they happen.
As for the rest of your questions, one would need more information before providing reliable answers.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: divorce help
You would be well served by obtianing representation. You may get a kick out order if you allege violence within the last 30 days. You may agree to have the house and "buy out" your husband's share if appropriate. Call me directly at (619) 222-3504.