Legal Question in Family Law in California
I have been Married to the same man for 20 years. We have 2 children ages 19 and 16. He is an alcoholic and Drug addict and spent much of our marriage in Jail , In programa and living on the street, I think our total living together has been less than 2 years. I have been providing heath care for him through my family insurance. I kept hoping and praying he would get "better" I am now done. I have asked him for divorce but he thinks we will be together again some day. How can I divorce him without losing paart of my retirement TO him and with the least amount oF hassle. I dont even know where he is most of the time, He just gives me a call when he feels like it. And in the past 16 + years he has givin less than 1000 dollars to help in runing of the househld.can you help?
4 Answers from Attorneys
This looks hopeless, divorce him ASAP. You may need to hire an investigator to locate him for service of summons, petition for dissolution. You are only entitled to child support for the 16 year old. You may seek spousal support, even long term spousal support, but it is unlikely to help as he may not have a steady income to pay child support or spousal support. Part of your retirement is community property and he is entitled to his half of said comm. property. You do not need his permission to file for divorce. Good luck
Mr. Tuan is only patially correct.
A big question for me is when you determined the marriage to be over as that effects the division of your retirement and the payment of any spousal support.
The amount of your husband's contribution to the family household plays little part in the other issues.
You will have to try to serve your husband with the divorce. If unable, you may have to get permission of the court to serve your husband by publication.
You truly should consult with a QUALIFIED family law practitioner to help you.
Good luck!
If your husband is properly served and fails to file a response to a request that your retirement be awarded to you as your separate property and to mutually waive spousal support, you may succeed in achieving your goal of keeping your retirement and avoid the prospect of paying spousal support to your ex.
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