Legal Question in Family Law in California

seperation

My husband moved out of the house 3 weeks ago, we rent this house, he wants me to move out in Nov. aside that he rented an apartment a week before he left, was very sweet to me prior, had our sons 5 th birthday party then the day after came home at 12 noon and said hes moving out, i was devestated, their is no other woman i know this for a fact, he says he needs space because we were fighting prior to the move, he leaves his wedding ring on but is distant. He has cashed in part of the 401 k 6,000 to pay the rent in this home and the lease of his new apt. he has a loft not a 2 bedroom and picks up his child to go their, he has asked me to support this even though our child really does not want to go. everything is in his name, the cars the house, the 401 k the bank account. he has lft me the atm card .....what do i do i want to work things out, but im so angry , also he is a funcional alchololic, he drinks , is not abusive at all , 2 years ago he was arrested for dui and possesion of cocaine, a very small amount, his probation ended last month. If things get hairy what can i do, i dont work i have been a stay at home mom. Suggestions please.


Asked on 10/24/07, 11:02 am

2 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: seperation

You need to file a petition for dissolution or, at least, for separation, so that you can get into court to request spousal support and child support. Move quickly because it can take up to 2 months to get a hearing on an Order to Show Cause for child support and spousal support. In the meantime, you need to start looking for a job, because there's always a chance the judge will order support based on you making minimum wage, even if you don't work, if you have the ability to work.

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Answered on 10/24/07, 11:07 am
PATRICK MCCRARY PATRICK MCCRARY

Re: seperation

I lot of your questions are appropriate for a counselor, not necessarily an attorney. I suggest that you talk to an attorney who can work out an agreemente between you and your husband on financial issues and then get into joint counseling to see if the marriage can be saved. A dissolution will be very expensive, financially and emotionally. Plus you have a child to think about. An attorney can help you work through property and financial issues, temporarily and permanently, if necessary. A counselor can help you determine if your marriage can be saved. Good Luck, Pat McCrary

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Answered on 10/24/07, 12:50 pm


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