Legal Question in Family Law in California

Hi,

I recently discovered that my wife saw a divorce attorney in 9/2013. I had no idea we were having problems that would lead her to do that. Last month we had an argument and she went to see the divorce attorney again and took notes such as freezing bank accounts, assets before marriage, etc. We have been to counseling and she is emotionless despite my recent diagnosis of PAH which has a short life expectancy.

My question is how do I determine if she has filed for divorce? She says things are better between us and they seem like it but seeing an attorney is not like her. Also, if we divorce, can I change my beneficiary on my life insurance? I'm afraid if I do it now she will go over the edge and our marriage will be over. Lastly, we have joint saving and checking bank accounts. Am I allowed to take some of this money and place it in an account with just my name? Since she handles everything I could really be stuck if she freezes our accounts. I would have no access to pay an attorney let alone find my own place to live. Thank you


Asked on 12/19/15, 10:28 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Your question concerning property division and how it relates to your current serious medical condition deserves the attention of an experienced family law attorney in an office consultation. You have a fiduciary responsibility to properly care for community assets that you have. The life insurance policy may be a community asset. Taking her off as beneficiary could be a violation of that fiduciary duty.

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Answered on 12/21/15, 7:24 am


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