Legal Question in Family Law in California

The divorce is a mutual agreement between both parties. I will take the house, refinance the home and buy her out. We will split both vehicles, go 50/50 joint custody on both children, ages 15 & 11. Pay her child support approx. $300 per/mo, no alimony and keep our own retirements/401K's. Give her the timeshare property value approx. $5K. Split the furniture 50/50.

1. I would like to know if there's anything I missed.

2. I would like to know if she has the right to come back later and ask for alimony, take my retirement/401K and house.

3. I would like to know if everything could be in writing on the divorce decree that she would not ask for any more money, alimony, take my retirement/401K and house. There's a good chance the retirement/401K and house will increase in value, so I would like to protect my assets. I also have approx $20K in my savings from an inheritance. Is this money protected?


Asked on 12/01/09, 8:30 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

No one can answer your question with the information you have provided. With a properly written marital settlement agreement you could be protected. Prior to preparing the marital settlement agreement, a list of all assets must be prepared, by both husband and wife. The amount of money involved in this justifies the use of an attorney to protect your rights.

Read more
Answered on 12/06/09, 11:32 pm

1. Can't be answered by anyone who has not seen a complete list of your assets, debts, income and expenses.

2. It depends on what the Marital Settlement Agreement and final Judgment says.

3. (First Part) You would need to put that in writing in the proper form with certain specific statutory waivers in order to make sure you are protected.

3. (Second Part) Your savings from inheritance is protected if a) you never moved money from a joint account into the same account as the inheritance, or b) the Marital Settlement Agreement and Judgment say it is yours.

I am not sure I agree with Mr. Johnson that you need an attorney to get this done, but you are on the border line. I suggest you pick up a copy of "How to Do Your Own Divorce in Californa" published by Nolo Press. If you still have questions after following the steps and instructions in that book, then you will need to consult with an attorney. Many attorneys, myself included, are happy to take on a "limited scope" representation to help with reviewing documents and making sure things are filed correctly, without accepting responsiblility for the whole case. That can be a very cost effective way to make sure the i's are dotted and t's crossed in a divorce that doesn't involve much if any dispute.

Read more
Answered on 12/07/09, 2:03 am


Related Questions & Answers

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