Legal Question in Family Law in California

Spousal support to a prison inmate?

My husband is incarcerated and has said many times he has filed for divorce but never did. I recieved papers in the mail from him. He is pro per. I dont even know if they really were filed.He wants spousal support. Will i have to pay him? Even though he was abusive to me.


Asked on 3/14/01, 6:41 pm

2 Answers from Attorneys

Guy Herreman Fathers Rights Law Center

Re: Spousal support to a prison inmate?

You need to call the court and find out if he has filed. Generally div, you must be personally served with summons. Please call our office at (909)274-0057 eve/weknds with questions. WE cover all counties in calif. we also take credit cards and payments.

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Answered on 5/23/01, 8:06 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Spousal support to a prison inmate?

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If there is a case number on the papers you received

he probably has filed. Call the courthouse listed

on the papers to confirm. Personal (not mail) service

is required, but if you want to go ahead with the

divorce you can waive personal serivce. Spousal support

is at the judge's discretion and based fundamentally

upon one party's NEED and the other party's ABILITY

TO PAY.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 6/05/01, 1:44 pm


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