California  |  Family Law

Legal Question

Asked on: 11/21/11, 12:32 am

if my wife is arrested and charged with felony crimes(marijuana cultivation, grand theft of power, a few others), can I get some sort of immediate divorce? We are seperated(not officially, but have started paperwork, they have been filed at the courthouse but I haven't gotten my copies, she won't give them to me) and have been for about 6 months. We have a toddler I want full custody of also, can this be done?

1 Answer

Answered on: 12/02/11, 3:56 pm by Harutiun Kassakhian

There is no such thing as an "immediate" divorce. You should consult with an experienced family law attorney because you have a toddler child and your wife has acted very irresponsibly. You can serve a divorce petition on a person incarcerated in a county detention center. California requires that the person who serves the petition must be someone other than the parties (i.e., you). She has 30 days to respond to the divorce petition, or she will have "defaulted." If she has already filed a petition, you can chose to obtain them from the Court, or you can have an attorney argue that she did not properly serve you. You definitely need a family attorney to help you and your innocent toddler.

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