Legal Question in Family Law in California
Related Cases Issue
After 10 1/2 years of marriage I was recently served a summons and petition for divorce. One of the documents included in this packet was a Family Law Declaration Regarding Related Cases. My soon to be ex-husband is currently out on bail in a criminal case involving white collar crime. He and his divorce attorney did not mention this fact on the Related Cases form. Was this information excluded because criminal actions must apply to family law issues only and nothing else?
Also, he was fired from his job and will soon be going to jail because of this crime. The cost of his legal defense, loss of income, and my having to stop my retirement contributions in order to cover the entire amount of normal living expenses has cost me a lot of money. Am I entitled to recover the money I had to spend to help him? Can I use this as a bargaining tool in the separation of assets and debts or as leverage to reduce the amount I�ll have to pay to buy him out of the house? If he goes to prison he'll lose his new job. Wll I have to pay him spousal support? Please help!
1 Answer from Attorneys
Re: Related Cases Issue
A related case refers to another case regarding the same issues as the divorce process. Such as another case regarding child custody and visitation. Your best approach may be to negotiate a waiver of his right to spousal support and his interest in the family home. Retaining an attorney would be a smart move and may well save you more money than the cost of the attorney fees.