Legal Question in Family Law in California

divorce

My wife wants a divorce after 23 yrs. I do not. She is not herself. I still love my wife. What are my legal rights ?


Asked on 11/04/08, 5:19 pm

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: divorce

California is a no fault State. That means your wife can get divorced without your consent. You do not have the right to stop her. You have the right to make sure that assets are divided fairly, that spousal support (if any) is fairly determined and the right to a trial of any unresolved issues.

It might be best to seek an attorney right away to assist with the dissolution and the difficult task of getting back on tract with your life. The road will no doubt be bumpy, but it doesn't have to be a disaster. Call me if you'd like my assistance.

One further note. If you're wife is suffering from a mental condition that has greatly diminished her capacity to function independently, then you might be able to pursue a conservatorship over her person. I put this last, because you haven't provided any facts that would led me to believe that we are actually dealing with that issue here.

Sincerely,

Phillip C. Lemmons, Esq.

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Answered on 11/04/08, 6:06 pm


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