Legal Question in Family Law in California
Am I foolish? My wife of 5 years wants a divorce. She left me for another yet blames me. I moved out of the home 6 weeks ago. She moved out 4 weeks ago. She took our son Sam, 10 years old. He was 2 when we met. His biological father was in jail, upon release, took his own life. I have raised Sam as the stay at home parent since 2001. I did not adopt him. She wants me to sign au uncontested divorce. She assures me that Sam and I's reationship will continue. I want to believe her, but my trust is gone. If I make her put the visitation in writing, she fears threat of court and potential spousal support. Neither of us want it to go to court. I tend to want to sign the papers, let her go, and trust her word on the visitation. Should I?
1 Answer from Attorneys
Nope. She probably owes you spousal support and is trying to get you to sign something to avoid it. And all she has to do is get pissed at you or find a new companion who wants to be Sam's "dad" one day and you're out of the picture. No one who is being fair and honest ever wants to avoid puting things in writing.