Legal Question in Family Law in California

Divorcing a Physician

nHi

Me and my uncontrollable physician spouse were pole apart and she was having an affair. We have a 8 yr old daughter. I filed my petition last year. I was the giver all along in the marriage. She finished her residency/fellowship in 1999 and I bought a practice for her in 2000 with my money from stock option sale. It has been 11 years since our marraige. Few months ago I was forced out of the house which is solely in my name. I am paying the mortgage but she is living in it. She takes arbitrary decisions about the practice without my consent. Here are my quesitons

1) How do I sell the house if I want to sell?

2) How do I force her to appraise the practice

3) Can she be held responsible for spending the money as she wishes from the practice?

4) Can her degree/license be considered as an asset as it was earned with my sacrifices ( I had to forgo phd and nice california job opportunities) There were high hopes that she will bring some prosperity to the family. I was the one who looked after the house, our daughter and was the main earning member. Are there any cases which resemble to this? Can somebody give me pointer to those cases?

Will appreciate all the responses. Thank you,

Nick


Asked on 11/10/03, 11:50 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Divorcing a Physician

You need immediate representation to cover all matters noted. Be happy to discuss and make appt to discuss, without charge, to look at all involved. Don Holben 800-685-6950

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Answered on 11/14/03, 1:44 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Divorcing a Physician

You have some good questions, most of which can not be specifically anwered without having more information from you. In a general sense, the practice is valued by employing a forensic accountant. The house would probably be sold at the time of trial unless otherwise agreed to. The spending from the practice is a component of a cash flow analysis that the forensic accountant should provide you with for support purposes. The degree is not a community asset but there may be a reimbursement issue for the cost of the education that achieved the degree (there is a specific family code section regarding this issue).

In the final analysis, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/11/03, 10:30 am


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