Legal Question in Family Law in California

I was married to a man incarcerated in 1998. I supported him the entire time and upon his first release in 2001 I gave him housing, food, health insurance, car, etc. He committed another crime and was sent back to prison in 2004. He filed divorce paperwork during his incarceration about 1 year ago. I completed my portions and mailed back. Now he's living with some female and has once again served me additional divorce papers out of yet another county where he resides. The paperwork was handed to my mother since I wasn't at home. Can he file twice? Or can we proceed with the first set of paperwork? Am I eligible for alimony since I supported him for years. He is making good money and I'm now disabled. Also, he stole $30,000 from me when we were married and promised to pay me back. Am I able to get that money? Many questions here!!


Asked on 12/28/14, 6:56 pm

1 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Because of the long term marriage it would suggest a right of support however, you lived separate and apart for prolonged periods of time while your husband was imprisoned and your question narrative is unclear as to the level of support you provided to him while He was incarcerated. Please meet with an experienced family law attorney to explore your legal options in this regard.

As to your divorce jurisdiction, it would seem sensible to proceed on the original divorce action however this could shorten your period of time that would be considered for calculating spousal support.

Read more
Answered on 12/29/14, 6:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California