Legal Question in Family Law in California

Re: Legal Representation

California is a no fault divorce state. The court must divide the community property equally between the parties. In addition to one half of the community property, she would very probably receive spousal support. The court may also order that he pay for some or all of her attorney fees.

Re: Legal Representation

You have not indicated the duration of the marriage. If it is not very short term, then it is likely that your mother will receive spousal support. It is also possible that the husband will be ordered to contribute to her attorney's fees. Also, your mother should consider putting the intitial retainer on a credit card to get things going quickly and immediately file an OSC for temporary support and attorney's fees.

Tell your mother not to listen to her husband - who cares what he says! He definitely will not be telling your mother anything to her advantage. Tell your mother to contact a Family Law Attorney immediately. The attorney can advise her what to do.

I reiterate, tell your mother to ignore what her husband tells her!

Regards,

Damian M. Nolan

Re: Legal Representation

Under the factual circumstances given, the Court may provide that your father pay all of her necessary legal/court fees to promote equitable justice. Further, your mother is under no legal duty to leave the home, absent a court order, and could conversely file to have your father removed from the home under the circumstances. Your mother should definitely consult with and/or retain an attorney ASAP. For a free consultation, contact us directly today.