Legal Question in Family Law in California

Without knowing why she is afraid she would lose custody, it is really not possible to tell you anything about it. If he is actually mentally abusive, however, she can get a domestic violence restraining order and have him removed from the house before she even files for divorce. There does not have to be any physical violence to get a domestic TRO. Then she can proceed with the divorce without him around intimidating her. She can get help with both the restraining order and the divorce from the Family Law Faclilitator. Contact information for them is available on the Sacramento Superior Court website.

Another concern she'll need to address is that of support. If he's unemployed, odds are that she will be liable for temporary and possibly post-divorce spousal support as well as child support. In these situations, it's best to consult with a family law attorney who can give your friend a realistic idea of what to expect in the divorce process. She can always bring you with her for moral support and you can help her find the best fit as far as an attorney goes.

It is important that no matter how scared she is, that she does what's in the best interests of her children and her. It sounds like a divorce may be just that. I'm very glad she has a concerned friend such as yourself to support her.