Legal Question in Family Law in California

Me and my husband may be getting a divorce or seperation, we have been together 15yrs married for 3yrs, I have ben unemployed for the past 6mnths due to personal/family reasons. For the past my husband has been supporting me and set me up with a standard way of living he has been paying all of the house bills. He has been trying to put me out of our home witch we rent and both names on the lease, I have no where to go and no income, I wanted to know legally can he leave and still pay the household bills with out living here until I am able to get on my feet? Or if I leave can he supply me with any kind of finacial help, or provide me with a mnthly income so that I can continue to live the way I was living with him for all those yrs just until I am able to support myself finacially?


Asked on 10/24/11, 9:19 am

1 Answer from Attorneys

Edmund Montgomery Law Office of E. L. Montgomery

You both have the same rights to remain in the family residence unless there are issues of Domestic Violence and one of you has been ordered to leave.

Concerning finances. You would need to file a request for spousal support with the court. Since this is a long term marriage you are entitled to spousal support based on the marital standard of living until you die, remarry, or further order of the court.

If you separate you need to file an Order to Show Cause to get spousal support right away as it will take time to get a court date.

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Answered on 10/24/11, 3:49 pm


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