Legal Question in Family Law in California

10 Years

My wife asked for a divorce in Feb. does not want couseling but refuses to file until Aug. after our 10th ann. so she can get half of everything. Should I file first so that I can keep the family home to raise our daughter in? She does not want custody of our daughter she just wants out of the marriage so she can go back to being single. What are my options? We still live in the same house just different rooms and she goes out and stays out sometimes all night. Just not sure of what to do at this point.


Asked on 7/06/05, 5:38 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: 10 Years

The community property is divided equally regardless how short or long the marriage is. A marriage of 10 years is by law a long term marriage and the court must retain jurisdiction over the issue of spousal support until the wife is able to suppor herself. Being a few months short of 10 years will probably not affect the courts decision. You should retain an attorney to assist you in making the best decision for your case.

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Answered on 7/06/05, 9:34 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: 10 Years

Depending on the age of you and your wife, the 10 year statutory time for a long term marriage may affect the court's decision. I would suggest that you file prior to the 10 years, just to give the court the descretion to set a termination date on the spousal support. I note that you are in San Diego County and that advice is based upon knowing the judges that may be assigned to your case. The court is unlikely to allow you to keep the house for the child unless you can buy out your wife. My fee for a consultation is $75, however, I will waive it in your case as you should talk to an attorney soon. My telephone number is 619-589-8533. Good Luck, Pat McCrary

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Answered on 7/07/05, 11:11 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 10 Years

If you have the daughter then she must pay support. Community property separation will not change over time, but spousal support may. File immediately. Call me directly at (619) 222-3504.

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Answered on 7/07/05, 6:42 pm


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