Legal Question in Family Law in California

Your husband cannot force you to leave the house. One of the few ways that either party can get the other party out of the house is if there has been domestic violence, and the court makes a kick out order. Otherwise, it would have to be voluntary. Nobody can stop him from quitting his job and moving away, however, that would not relieve him of his financial responsibilities of support, but it sounds like you would have to get a court order. As far as bankrupting you, I'm not sure how he would do that. The bottom line, is that you have to do what is best for you and your children.

BARRY BESSER

www.besserlaw.com

Mr. Besser is only partially correct. On part a) of your question he is wrong that the court will only order sole possession of the family home to one party if there is a domestic violence component. In fact in order to PREVENT the RISK of domestic violence, on motion of either party to a divorce proceeding the court will decide who stays and who goes and on what terms. When there are minor children, that motion would need to be made together with a motion for a temporary custody order, and occupancy of the home would virtually certainly be awarded to the parent who is ordered the most custodial time. Mr. Besser is right that he can quit and move, but once you track him down he can and most likely will be ordered to pay support based on what he could be earning had he not quit. There are all sorts of things that a person can do to ruin themselves financially and if you are married to them it could take you down with them. If he is seriously intending and capable of doing that, you will need to file for divorce in secret and obtain emergency orders freezing assets so that he can not waste them.