Legal Question in Family Law in California

Miserable in this marriage

I will be married for 10yrs. in April but for the last 6 yrs. I have been dealing with a chronic alcoholic who has been in and out of work for years. I feel like all the responsibility has been on my shoulders. We have a house together but no kids. He doesn't want a divorce but I do. In California the law is 50/50 split but I don't feel that he deserves half since I'm the one that's been working mostly. Also when I serve him the papers can I get him out of the house somehow so we don't have to live together? I feel he will get very nasty when he knows I'm finally serious about the divorce. What can I do if he refuses to work and help pay the bills?


Asked on 2/10/06, 5:11 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Miserable in this marriage

It would be unethical to advise you to conceal community assets but you certainly can pay off debts and move enough into a separate account to pay the mortgage etc while things sort themselves out. You just have to be completely truthful in your disclosure. If you want him to move out you pretty much have to get him to agree unless there is violence. Emotional suffering alone is usually not enough. Sometimes it's easier to leave and get the house back when you reach a settlement or he fails to pay the mortgage. If he refuses to work and asks for spousal support you have to show that he is capable of working and have imaginary income imputed to him. good luck

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Answered on 2/10/06, 9:12 pm


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