Legal Question in Family Law in California
My husband and I have been married almost 13 years. We have two children, 13 and 11. Husband filed for a divorce two days ago. His parents helped him retain an attorney, even though my husband and I supposedly want to work out the minimal assets and 50/50 child custody between the two of us. I am planning on moving out of our rental home next week. Question one... Do I have to get an attorney just because he has one retained? Question two... Is it considered abandoment if I move without taking the children?
3 Answers from Attorneys
1. No, but it would be a good idea to have one at least on a "limited scope representation" basis to advise you. 2. No, but you would be much better off working out at least a bare-bones shared parenting plan for the interim first.
Although you are not obligated to have legal counsel to protect your rights to support, property, retirement and other entitlements you might be overlooking, it is obvious that retaining an attorney skilled in family law will put you in a stronger position to identify your best legal options and advocate them for you.
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