Legal Question in Family Law in California

Divorcing

My husband left me fofr another woman in california after 26 years of marriage. I am disabled,. He hasn't given me any money in 7 months. Can i get a judgement for support while going through this divorce or do i have to wiat until its final?


Asked on 1/14/07, 6:59 pm

2 Answers from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Divorcing

Yes it is possible to get an order for support during the interim period before the divorce is final. This is called an order for "pendente lite" (latin for "while the law case is pending") spousal support. To seek such an order you must file and serve an Order to Show Cause ("OSC")for spousal support. You have many rights associated with the termination of your long term marriage. I urge you to consult with an attorney, even if you beleive you cannot afford an attorney. Your husband may be ordered to pay your attorney fees, depending on his financial situation.

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Answered on 1/14/07, 8:31 pm
Brian McGinity McGinity Law Office

Re: Divorcing

The facts as you have related them suggest you do not have to wait until the dissolution is final. The fact your husband left for another woman is irrelavent to the dissolution and to the support issues. However, I understand it is not irrelavent to you, but it has nothing to do with the question of whether you can receive temporary support now and then permenant support later.

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Answered on 1/14/07, 8:33 pm


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