Legal Question in Family Law in California

Re: Divorce

I feel for your son. He is in a very difficult and emotionally draining situation.

When/If your son files for divorce, automatic restraining orders will be put in effect that are designed to prevent these problems of running up bills.

As for who is responsible for debt, California is a no fault state. The general rule is that debts (and assets) incurred during marriage are the debts (or assets) of the community.

Good luck! Feel free to contact my office if you need assistance.

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Re: Divorce

It is relevant to child custody as to whether or not your son has access to his children. If she refuses visitation, then that is considered by the court. As the parent who is most willing to facilitate visitation is likely to get custody. As far as community debts are concernd, he should assert those debts as her separate debts and have a MSA drafted to that effect. Call me directly for assistance or e-mail me.

Re: Divorce

Since she is on a spending spree his should cancel all credit cards in his name. He should also file for a divorce setting the date of separation at the date she left the family home. He should also file a motion to determine visitation and custody, or as referred to by many courts custody share time. He should also keep all of the credit bill showing that she took large cash advances. retaining an attorney at this time would also be a good move on his part.