Legal Question in Family Law in California
Divorce question -- couple with no kids, shared bank accounts and property.
1. Can wife's insistant anger and propensity to turn violent -- and my inability to communicate with her because of such immaturity be the grounds of divorce?
2. We don't have children. We share bank accounts and property. Can she withdraw large amounts from the bank and do damage to my certificates without me able to protect myself? She hails from India (now Green Card holder through me). I've heard of one case where wife sent money to her folks in India.
3. She will want to save money from being spent for attorneys and will go for the option of amicable divorce (I think). Is there a catch in amicable divorce that I should watch out for?
Thanks,
Hello_There.
3 Answers from Attorneys
Reply: Divorce question -- couple with no kids, shared bank accounts and propert
In California, the grounds for divorce are "irreconsiable differences". You might want to check out "collaborative divorce" which is a process for divorcing parties that wish to opt out of the judicial system, and take control of their decision making with the assistance of appropriate professionals. For more information on this subject, you can find articles at my web site or at nocourtdivorce.com.
Good luck to you.
Brian Levy, Esq.
www.calattorney.com
Re: Divorce question -- couple with no kids, shared bank accounts and property.
Not need reason in CA to divorce. Just irreconcilable differences. Contact attorney to review all and help protect you.
Re: Divorce question -- couple with no kids, shared bank accounts and property.
Greetings,
As the other responses have indicated, you do not need to prove "fault" to divorce your spouse in California. California divorce law is also relatively straight forward in the it is a "community property" state: everything you and your wife own is in one big pot, and will be divided 50/50 upon divorce unless the two of you come to a different agreement.
One exception, one caveat:
Some property may be considered separate from the community "pot", if it was owned by you prior to your marriage, and you kept it separate throughout your marriage.
An attorney can help you figure out if you have any separate property. You may also want to check out publications by nolo press, available at http://www.nolopress.com. The Los Angeles Superior COurt website also has a terrific self-help center, with info applicable in other CA jurisdictions: http://http://www.lasuperiorcourt.org/familylaw/
The caveat is that you may be required to pay spousal support of some kind. The uncertainty in this aspect of divorce, should you rely on a judge to determine an award, is a good reason to try and work out a mutually acceptable agreement in mediation or another alternative process.
Re any issues you should keep in mind: I do not practice immigration law and thus can't speak to any particulars, but I imagine that your wife's immigration status will effect her thinking/bargaining - and yours - in any divorce proceedings.
Best of luck to you.
________________________________________
Elizabeth L. MacDowell, Esq.
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