Legal Question in Family Law in California

My husband recently told me he was not in love anymore with me and that he wanted a divorce.

It really did break my heart, but after looking at the last few month, he has been constantly putting me down and been cruel, so I tried to find what paper we would need for a dissolution. We have been married since sep. 23 2008, we don't own a house nor have children. We never bought anything big together, but we are renting a really nice little place where I spent a lot of my money to make even cutter. I've supporting him financially and paid many times the reminder that was missing on his part of the rent. After telling me many times he was going to move out, he recently mentioned that he was going to try anything to kick me out and keep the place. Both of our names are on the lease but the owners only ran his credit so now he is threatening me to put all my stuff in the middle of the street while I'm on an errand somewhere because "we got the place with HIS credit" (he says). What can I do to protect all my belongings? What can I do to keep the place?


Asked on 8/30/10, 8:55 am

1 Answer from Attorneys

Has he yelled at you or threatened you? If so, you can go get a domestic violence restraining order. Your local Superior Court will have a family law facilitator who can help you with that. The restraining order would require the police to remove him from the house. A domestic violence restraining order requires a lot less "violence" than you might think. Harassment, even the threat to put your things in the street, may qualify. Direct threats of harm definitely qualify even if he has not actually done anything. If you are SURE nothing he has done qualifies for the restraining order, then you need to file for divorce and include an immediate motion for an emergency order that he vacate the house. You will probably need a lawyer's help with that.

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Answered on 9/04/10, 11:50 am


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