Legal Question in Family Law in California

Re: Want a Divorce

Unfortunately, the best insight you or anyone on this service can be given is to get a lawyer. This is too limited a forum to address the unique circumstances of anyone's specific case.

However, based on your limited description, you should consider seeking a summary dissolution or non-contested divorce. You have to qualify for such. For example, some of the requirements are:

1) There are no children of the relationship

2) The marriage has not existed for more than 5 years

3) Neither party has any interest in real property

4) Amounts owed on debts incurred by either or both of the parties after the date of marriage, excluding debts relating to automobiles, do not exceed $5000

5) The total net fair market value of community property assets (excluding automobiles and specifically including any deferred compensation or retirement plan) is less than $33,000 and neither party has separate property assets (excluding automobiles) with a net value of more than $33,000

6) The parties have executed an agreement setting forth the division of community assets and the assumption of community liabilities and have executed all documents necessary to effect the agreement and

7) The parties waive any of their rights to spousal support.

If you do not fit all of these criteria, then you will likely have to go the route of a contested divorce which is a bit more cubmersome.

With respect to your issue, do not leave the house unless there is abuse, continue to pay the mortgage as you always have, and if you are convinced divorce is right, then go ahead and file.

Best of Luck!