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.
2 Answers from Attorneys
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.
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.