Legal Question in Family Law in California

MS Disability & Divorce

I have MS & my husband does not want me or our marriage any more. He would like to put me in a convenlesant Home. What are my Legal rights and options. Please Help Me!


Asked on 5/05/04, 3:05 pm

3 Answers from Attorneys

Michael Cherasia Attorney at Law

Re: MS Disability & Divorce

If you can file in Idaho (having resided here for 6 weeks) you are entitled to half the maritial property and most likely spousal support. As to your husband wanting to put you in a home, you could not, under Federal regulations, be admitted unless medically necessary- even if you wanted to be admitted. You would need to be in fairly rough shape-i.e. needing ongoing care by a registered nurse.You might mention to your husband his responsibility for the costs (40,000-100,000+ a year). Some type of forced commitment is very doubtful unless you condition is quite severe, since there are usually other alternatives for your support and care and I assume that you are not a danger to yourself or others. Unfortunately, the onset of a disability is almost a guarantee of divorce; however you are in a lot better position than your husband has a clue about. HOWEVER I NEED TO STRESS YOU NEED A LAWYER- NOW. On a personal note, I have twice been severely disabled by a neuro-muscular disease. It was, say, unpleasant. I have overcome and gone on to be a competitive long distance runner- long story. My hope is that you won't ever quit trying. Please, if I can be of help, do not hesitate to call me at 208-883-4410.

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Answered on 5/06/04, 11:49 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: MS Disability & Divorce

if you can provide us with a little more information regarding the specific details of your unfortunate situation, we would be able to valuable legal advise regarding your options shortly thereafter. feel free to contact us today by email or phone.

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Answered on 5/05/04, 3:10 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: MS Disability & Divorce

In a general sense, you are entitled to half of the marital assets and half of the marital debts. You are probably a candidate for spousal support as well.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 5/05/04, 4:20 pm


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