My husband is in the navy. My son and I moved over here in December to be with him. I didn't have a job then, but I have a job now and have had it for 3 weeks. Now we are getting a divorce and I don't have any money saved and I know I can't afford to live on my own at this time. in California can he throw my son and I out like garbage like he has been trying too? What rights do I have to make sure my son and I don't become homeless?
2 Answers from Attorneys
The short answer is: no, he cannot throw you and the child out of the house. If you are both on the lease then you both agave a legal right to be there. Once you separate, even before there are court orders, the Navy will make him pay temporary support. Once a divorce case is open, you can ask the court for child and/or spousal support.
If he is making threats you need to act to protect yourself. Currently it is taking up to 90 days to get to a hearing before a judge. You should immediately obtain a consultation with an attorney so that he can review all of the facts and give you appropriate advice. He can also discuss the possibility of getting a court order for your husband to contribute to your attorney's fees.