Legal Question in Family Law in California
My husband is incarcerated for 6 years. We were together 4 years til he was convicted . He was moved out of of state as he committed a federal offense. I could not visit him being so far and expensive , truthfully I cannot do it alone. I am holding but getting hard as its shameful what he was convicted for. My life is more worst than him as I avoided friends and even lied from those who does not know. I am holding to all til he goes out then we can resolve what to do . He knew my feelings but just holding to protect what we have as his children since he was incarcerated like our property which we have joint tenancy on both. joint account etc. I am doing all the maintenance and we have regular mailing and telephone communication. Its been so hard...as those who knew about 4 friends support me yet hard as I live like my head under the earth and excuses like he is out of the country etc...If i get a divocrce do I have rights for what we have like properties . joint account etc?
I only want the share am entitled to like being compensated for all the work/sacrifices/mental stress all these years I have done. I have no idea how long I can take not only trying to hide his being incarcerated but about his children who still trying to manipulate him to let them take over. I just want to inform and be prepared if ever it has to come to this resort if I cannot wait any longer til he is out to figure out out what to do as we have spoken. The mental stress and torture is the worst as of now.
1 Answer from Attorneys
Your question is somewhat long to be asking on a message board, but your basic question as to whether you would have rights to your financial accounts if you were to get a divorce would be yes. The community accounts are always the property of both spouses during the marriage. You should speak with your husband to see if he would be agreeable to having a divorce. If he were to agree then start to discuss the property you own together and what you would like to propose as to how they should be split.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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