Legal Question in Family Law in California
Withholding Finances/Emotional & Mental Abuse
My husband has filed for divorce since be caught in an affair. Since athe date he filed he has spent approximately 30,000. on trips, hotels, her. I have a very small income and I cannot afford to leave. We have been married 20yrs. He has blocked me from any joint assets. The tags on my car are due, I can't get it registered without a smog check, I need tires and my transmission is going out. He knows that I don't have the money and he doesn't care. I had to borrow money to get a lawyer. He recently received a 35,000. settlement from his employeer for off the clock work. This lawsuit was filed in 1991 and I did all the paperwork, research and foot work. He was trying to hid this from me, I brought it to his attention but he seems to believe he's above the law and the good faith statement he signed when he filed. Two weeks ago he took her on a 4 day cruise yet comes here still, not only is this painful butit emotionally cruel. I want him out of this house-there been no physical abuse just emotional and mental. In advance I thank you for any information or suggestions that you give.
3 Answers from Attorneys
Re: Withholding Finances/Emotional & Mental Abuse
If you haven't filed a petition for dissolution do that immediately. There are standar restraining orders that would limit his spending once he is served. There is a high probability that the court will either order him to pay your attorney fees, or at least give you access to community property funds with which to retain an attorney.
Re: Withholding Finances/Emotional & Mental Abuse
Get an attorney before he spends all of your coummunity assets. Call me dire4ctly at 16192223504.
Re: Withholding Finances/Emotional & Mental Abuse
You mention that you borrowed money for an attorney - do you have an attorney now? If so, your questions should be directed to him or her. If not, I strongly encourage you to obtain representation to protect your interests in community prooperty assets that - from your description - your husband may hide or squander. If your husband is the high earner, it may be possible for you to get an order from the court requiring your husband to pay your attorney's fees. I do not see a basis in your post for an order giving you exlusive use of the residence, but you may have ways to obtain a greater measure of financial independence. Yu need a thorough evalaluation of your case.
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