Legal Question in Family Law in California

my ex-husband has filed for legal separation, he left our home last Feb. 5, 2009, and filed in June 2009. He had decided that he wanted me to move out, again last june, but only wanted to pay $1000.00 and then when the paralegal said it would be $2450 that he was to give me, he said it that he couldn't pay for two households, ( he moved to his brother's home, and now that his brother has a girlfriend, he wants me to agree to the legal separation agreement that he has made). He had a house when we got to gether and then bought a 2nd home during the marriage, and has said since I haven't been working that he is willing to pay the amount under one condition, that I move on March 1, 2010. The urgency for me to move is because he is going on vacation and wants to concentrate on fixing up the 2nd house and renting it out like he is doing to the 1st home ( 1st home=$2000.00/mo)

This is really an emotional time for me and I am not sure if I should or shouldn't agree to this and them wait to see what the courts will give me, I am so very confused. I have tried to find a lawyer that will represent me now but charge understand that when the cause is complete that they will get there fee, and this has been a no go.


Asked on 2/04/10, 12:09 pm

1 Answer from Attorneys

The first question here is why are you going through a legal separation. Legal separation is almost never an appropriate alternative to divorce. Legal separations also will be converted to divorces unless you take steps to keep them just a separation. The amount he is offering to pay you also seems rediculously low. I am usually a big fan of people doing their own legal work in Family Law matters, but it sounds like you really need legal counsel. I offer several different alternative billing and payment options in family law cases. If you would like to discuss whether we can work out an arrangement for me to represent you, or at least advise you as you represent yourself, please give my office a call. And whether you call me or not, I recommend you not agree to ANYTHING your husband is proposing until you have talked to a lawyer about it in detail.

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Answered on 2/09/10, 1:01 pm


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