Legal Question in Family Law in California

Re: Divorce- Stalling for Time

By "fault" I presume that you mean infidelity. The court in California is never interested in it even if it results in children being born with the new mate during the marriage. There is sometimes an issue as to when the date of separation happened. Sometimes the couple continues to live in the same house long after the date when one of them believed that the marriage was over. Usually, when one person moves out they agree that that is the date of separation. It is important because the property division is as of that day. The exception may be a shopping spree the week before so don't go wild. If you think a break up is eminent sit down and work out a plan for the immediate future. Each of you will need a bank account (with something in it) and a place to live. If you have good credit you need to be sure all your bills continue to be paid. If there is a shortage of cash consider obtaining a loan which will be a community debt. If you don't plan for the added cost of living apart you will add the stress of serious financial problems at a time when you are already emotionally drained by the break up. If the marriage is truly over get an attorney right away and ask the same question. It's always better to get a second opinion. email me if I can help further.

Re: Divorce- Stalling for Time

There are advantages if you have the children because the longer a party has a child, the more likely that person will get custody. There are also issues for alimony and division of social security, over 10 years of marriage is the determining date to get more. Finally, in Nevada it does not matter as to the date of separation for dividing property whereas California, the date of separation means the date to use to divide property.