Legal Question in Family Law in California

I want to file for divorce as my husband continues to cheat. He has withheld all his affection from me for the past two years and shows no interest in my life at all. I have two children, one from him and one from my previous marriage. I am also unemployed. We live in an apartment. Own a car in which I had provided a downpayment of $10,000 but the ownership is in his name. He has done payments for it for the past year since I was unemployed. He has not adopted my daughter. He has a secure job at a prestigious company. Will filing for divorce work in my favor, in the terms of him providing financial support? Can I lose custody of my 28month toddler. Its hard to live in the situation I am living in, living through his extra-marital affairs. I wanted to know the pros and cons before I go ahead with my divorce. My financial situation is not so great as I am unemployed.


Asked on 2/26/11, 4:07 pm

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

Most likely the court will award you child and spousal support. You could lose custody of your toddler if the court finds that it is unsafe or it is otherwise undesirable for the child to be in your custody. This sometimes happens when a parent abuses alcohol or drugs, is very negligent or violent. You should be prepared for your spouse to try and use his income advantage to cut you off from funds to hire an attorney - but you should know that in the absence of a prenuptial agreement that says otherwise - all his earnings, until you separate, are community property.

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Answered on 2/26/11, 9:57 pm


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