Legal Question in Family Law in California

Re: Wife wants divorce, husband does not.

I am sorry to hear of your situation. You may ask for counseling if you believe there can be reconcilliation. If one spouse insists on divorce, however, it will be granted. You need to protect your property interests, as well as your relationship with your children. Please call me directly at (619) 222-3504.

Re: Wife wants divorce, husband does not.

I would highly recommend that you try to seek couples counseling. However, in California, there is no way for you to stop the divorce if she decides to go through with it.

How the assets are split depends on negotiation, which quite frankly, most couples are not getting along well enough to be able to do. It is nice to have an attorney so that you know your rights, and can be sure to obtain a fair settlement.

The children are a very serious matter. The courts don't care who wanted the divorce or any of that. You could end up with your kids only every other weekend, and paying child support on top of that, even though you wanted to keep the family together. You really need to contact an attorney right away to make sure you have as much time with your children as possible. Whatever you do, don't move out until you have talked to an attorney.

Re: Wife wants divorce, husband does not.

CA has so-called "no fault" divorce. That means, in part, that anyone who wants a divorce will get a divorce, period.

House: You can buy her out, she can buy you out, or the house can be sold. The division of the equity will be equal, assuming it is wholly community. Sometimes one party or the other (or both) will have separate property claims and seek reimbursement under Fam. Code sec. 2640.

The same for the retirement accounts. That portion of the accounts which are community will be divided equally. The trick here is to make sure you don't buy her out of a pre-tax account with post-tax dollars!

There are also, of course, issues of custody, visitation and support (child and spousal).