Legal Question in Family Law in California

My husband and I have been married for almost 7 years. I found out my he is being unfaithful with another woman again!, he has caused me major pain and low self esteem. Now I want a divorce, but I can not afford rent and all the bills by myself. The only evidence I have is the phone bill of constant contact with this woman. We rent an apartment my car is under his name. We have a 7 year old daughter, what am I entiteled to at this point, alimony, child support....?


Asked on 12/09/09, 3:51 pm

1 Answer from Attorneys

You don't need any evidence to get a divorce, haven't since the 60's, maybe the 50's in California. If you want out, you have a right to end the marriage for "irreconcileable differences." Whether you would be entitled to child and spousal support depends on the financial details of your particular situation, and in the case of child support would also depend on how much time the child spends with each parent under whatever custody order you agree to or is issued by the court. If you are entitled to spousal support it would most likely be limited to 1/2 the marriage time. Child support would last until the child turns 18 and graduates from high school, or turns 19 whether or not the child has graduated.

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Answered on 12/14/09, 4:02 pm


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