Legal Question in Family Law in California

I'm in a situation where I'm married. I was kicked out of the house because I acted irrational when I saw she was cheating for the 3rd time. My kids I see 50/50, sometimes less. We make about the same amount of money. She lives with someone else and has been for 4 or 5 years. I really want an official divorce but I'm worried about the cost. I've already over spent. I live in a one bedroom where I have a 3 bunk bed for my kids, I sleep on the couch when they are there. She has a 3 bedroom house family owned that I helped fix. My kids can attest to all of this. In short we both have debt but she doesn't let me claim my kids at all. I want the Divorce and I wish she helped at least splitting the taxes. She uses that money to make me feel like I can't afford things. I'm not sure what you could advise. She has double the income. I have my kids on my insurance but I don't know how to proceed. It's California, although I'm there for my kids I worry I'm going to end up on the street. I have a legal code through work, I hope it can help me get divorced finally and fair treatment at both our homes.


Asked on 7/19/22, 9:50 pm

1 Answer from Attorneys

Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

Divorce does not need to be expensive if the parties agree to terms - which apparently you have an understanding as to the parenting plan . Claiming for taxes is standard for the parent who has 50% or more....If you are at 50Ích you might be able to maintain the present arrangement or work out an arrangement for one child to be claimed by each of you and alternate the other child claiming in alternate years. Or you can defer to it later if and when it is worth fighting over. You can go to the Self Help Center at your local Court for assistance as to forms and process. I would suggest perhaps Divorce Mediation if she agrees or you can hire counsel to negotiate a settlement given limited resources. If you have a "legal code" through work it might mean a Legal Plan. Check out your resources and availability for attorney through that approach.

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Answered on 7/20/22, 2:05 pm


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