Legal Question in Family Law in California

I have been married 25 yrs. and I just found out my husband is having his 4th affair and I think this time he has a child with the woman. I have stayed with him because I really wanted my children to have a father in the home. Now that they are older I really can't continue this way. We were loosing out home due to him not making payments for 6 months, he took out $25,000 from his 401K, and he refuses to tell me where that money has gone to. I tried to get info on the 2nd mortg but the bank refused to give me info stating that my name is not on the papers. Why am I not there? How can I get info? He works and makes fairly good money and I also work making 1/2 of what he brings home. After finding out about this affair I have asked him to leave but he said he will not leave until I serve him with legal papers. He knows I can't afford payments of the house/household by myself so this is what he's hold is on me. I want to know if I will need only a divorce lawyer to handle all matters or do I also need a realstate lawyer to handle the problem we are having with the house. Also if the house needs to be sold in order for me to survive and he refuses what are my options? What will his responsabilities be towards me? All my children are over the age of 18 (20, 21 & 22 yrs old). What will happen with the health insurance. Please guide me. I am full control and thinking as clearly as I can since when I confronted him I didn't scream, yell or hit him with a bat.

Thank you

Teresa


Asked on 4/04/11, 2:41 pm

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You need to sit down with an attorney to discuss your particular facts, but there are options that could be available. You may be able to request attorney fees from him. For a marriage over 10 years, and yours is way beyond that, you could be eligible for lifetime spousal support. Health insurance would change over to Cobra most likely, so you would have insurance at least for a little while. You need to file before he takes any more money out without telling you. Once he is served, there are automatic restraining orders that forbid him from pulling any more money out without your permission. The local courthouse should have a family law facilitator that you can make an appointment with and fill out your own paperwork, should you decide to do this on your own. I don't recommend going without an attorney, but when domestic violence (and jail) seem possible, it is time to get yourself out of that situation before things get even uglier. Don't be more of a victim of his behavior than you already have been.

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Answered on 4/05/11, 10:15 am


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