Legal Question in Family Law in California
He's rich, I am not
We have been married for over 20 years. My husband now wants a divorce. Over the years he has made wise business decisions and has become moderatly wealthy. However, I have always been put on an ''allowence''. Now he wants a divorce and most of the money is in his name. We have a joint checking account that he contributes to, other than that I have no access to money. I can not even afford an attorney. What can I do?
5 Answers from Attorneys
Re: He's rich, I am not
As the income earning spouse, he must pay you spousal support at the level to which you have become accustomed to. You can hire a lawyer, who will file an OSC re: Spousal Support to obtain an order from the court as to how much he has to pay you and also for attorneys fees. If he fails to pay, contempt proceedings can be filed and he could literally be jailed for failure to pay child support. Also, prior to the hearing, he has to disclose in an Income and Expense Declaration all of the assets. Please consult a local attorney to assist you. Good luck and thanks for inquiring.
Reply: He's rich, I am not
Keep in mind that community property is defined as any asset acquired between the date of marriage and date of separation, excluding gifts to one of you and inherited property. From your description, it sounds like there is an abundance of community property. The tax returns will be helpful in identifying assets and assessing your spousal support rights.
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 family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: He's rich, I am not
i certainly empathize with your dire situation and may be able to help you in this matter if you email directly with: 1) more facts regarding both of your finances, 2) where you are located, 3) what you and your husband's net worth might total to date, and what type of investments more or less has your husband made and profitted from?
Re: He's rich, I am not
You are not in as bad of a situation as it sounds. There is a lot of community property that you have some rights to control. Call me for a confidential consultation at (770) 534-1057 if you would like to look into how to proceed from here. Also, my e-mail is [email protected].
Re: He's rich, I am not
Based on the assumption that he acquired his fourtune during the marriage and did not receive an inheritance or gift, he is only 1/2 as rich as he thinks he is. Many attonreys will represent you without receiving an upfront retainer. The court can order him to pay your attoreny.