Legal Question in Family Law in California

I filed for divorce in California and and my wife hired a lawyer. She feels that she can burn through all the money we had in her account on the lawyer and she will then not be responsible for paying me half of the money which is community property. Is this correct?


Asked on 10/01/11, 12:35 am

5 Answers from Attorneys

Michael Schneider Family Law Center

Absolutely incorrect.

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Answered on 10/01/11, 8:18 am
Arlene Kock Law Offices of Arlene D. Kock APLC

You would be well served to hire your own skilled family law attorney to ensure protecting your rights to your property and to have an accounting of any money being spent by your wife.

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Answered on 10/01/11, 9:12 am

You need a lawyer on this one. I am a big fan of self-help in family law, but not where you have a situation as contentious and potentially financially problematic as you are describing. She cannot waste community assets, but a court could declare her use of community funds on her lawyer to be legitimate expenses. Since it will be her own lawyer who will profit from it, you are at even greater risk than the normal pro per up against an attorney. You also don't necessarily have to hire an attorney to completely take over your case and represent you in all aspects. Many family law attorneys, myself included, offer "Limited Scope" representation, where you and the attorney discuss and agree on what the attorney will do for you and what you will handle yourself. If you would like a free consultation in my San Francisco facility, feel free to give me a call.

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Answered on 10/03/11, 10:51 am


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