Legal Question in Family Law in California

I am married for 9 years but we have been only together for 4 years as he was arrested , convicted and incarcerated for 18 years. We have been communicating and I am managing all our finances , asset, maintenance of whatever we have under his instruction . If I decide to get divorce how are our years of marriage counted in as much as we were only together for 4 years and separated because he was imprisoned 3 or 9? Also what are my rights on claims on our asset. He is right now going 71 and I am also on my retirement age of 65?


Asked on 2/15/12, 11:37 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are married right now, as incarceration does not terminate the marriage. Separation, however, has an effect on the determination of community property.

Your situation is tricky. Separation is defined as a parting of ways with not present intention of resuming marital relations. That you live apart is not determinative. What is important is whether there is a complete and final break in the marital relationship. I cannot determine whether he was incarcerated, and you wanted to remain married, but have recently changed your mind, or that this has been both your intentions for the past 5 years.

I suggest speaking to a competent family law attorney to determine whether this is really going to be a significant issue.

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Answered on 2/21/12, 11:38 am


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