Legal Question in Family Law in California

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?

Asked on 7/17/13, 8:00 pm

2 Answers from Attorneys

Joseph Waters Joseph Patrick Waters, Esq.

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.

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Answered on 7/17/13, 8:24 pm
Patrick McCrary Law Office Of Patrick L. McCrary

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.

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Answered on 7/18/13, 7:27 am

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