Legal Question in Family Law in California

im thinking of getting a divorce from my husband of two years. He's on social security from a medical condition that stops him from working. He also has severe mental disabilities (rage disorder, bipolar and severe depression). Apart from that he's an alcholoic and drinks on a daily basis. I'm the bread winner in the family. I don't drink at all and not on any antipsychotic medication. I'm a single mother (child does not belong to him. My husband states that when we divorce he's taking me for all my money because he is getting alimony. What will happen in reality? Will he be able to take my money and leave me with nothing when he'll get more money from social security once we divorce. will he still get my money leaving me and my daughter with nothing? we're in california by the ways.


Asked on 8/05/10, 1:19 am

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

If you two have only been married two years and you are dealing with all of this, it is unlikely that you are going to be stuck taking care of him forever, but you need an attorney to represent you who knows how to bring all of this before the court. Regardless of the cost, though, you need to get yourself and your daughter out of that situation now. I don't say this on a theoretical level, I am speaking from my own experience, I know what it is like to have to leave everything behind to protect your child. This is probably affecting her more than you realize. You are not saying that he is making any real effort to sober up (the meds only enhance the alcohol), so there is no need to go through this even another day. If he becomes threatening, get yourself to a shelter or move in with friends or family. You don't need to feel sorry for him. It sounds like he already does that for himself.

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Answered on 8/10/10, 10:40 am

Ms. Beers answer is sound. I would just add that even if he got some spousal support, it would be extremely unlikely to be for longer than a year. The advice to get out now is good advice.

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Answered on 8/10/10, 3:01 pm


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