California | Family Law
Legal Question
My annual income is higher than my husband's, we have joined bank accounts, joined ownership of car and house and we have one child. If he files for divorce without me consenting, can he gets it? and if he does, would we have to split our assets equaly? which one of us wouldqualify for alemony? and if we split custody of our child, who would pay child support? Thanks!
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Legal Answer
All he needs to get divorce is to check the box that says "Irreconcileable Differences" on the Petition for Dissolution of Marriage and he can get the divorce. After that, though, it gets complicated. Asset allocation will depend on when the assets were acquired and whether current income and savings, or pre-marriage assets were used to acquire them, and what funds were used to support them. You didn't give enough information about the marriage term and incomes to guess at "alimony" which is properly called "spousal support" in California. Child support is totally dependent on a computer formual that focuses on "net" income and who has custody or visitation for what percentage of time. So again, there is no way to say what would happen in your case with the information you have provided.
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