Legal Question in Family Law in California

Divorce

My wife wants a divorce and has asked me to write down everything we agree on and sign it and she will take it to a lawyer and get everything handled. I do not want a divorce but have agreed to it to keep things civil. I really do not feel comfortable doing what she is asking and would prefer that she just get everything done and I could take the papers to a lawyer and make sure that everything is agreeable and then sign them. I really do not want to cause a fight but I have never heard of this before and I am wondering if this is a normal way of handling a divorce. We do not own any real property but we do have 3 children, one of which was hers from a previous relationship. We have agreed to joint custody of the two children that are mine but she keeps bringing up the fact that she is afraid that I will take the children away from her. I have no intention of doing so but I do have a problem with the situation they are in now and would like to see it changed before I agree to anything. Any help would be appreciated.


Asked on 2/28/08, 4:17 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Divorce

keep the property division and custody issue separate. you must identify, value and divide all assets and debts incurred during the marriage. if you can agree to that then it may be a good idea to do so. each parent should have 50% custody of the children if they can. if not, then find what works for you situation. the court will likely follow the status quo established before the hearing date. good luck.

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Answered on 2/28/08, 5:38 pm


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