Legal Question in Family Law in California

My wife left our home saturday and has not returned , it has been five days and from what my kids tell me she says she is done. kids are with me if we get divorced what are her rights.


Asked on 10/21/09, 7:49 pm

1 Answer from Attorneys

Same as if you had left. It's been over 20 years since tit-for-tat, who left whom, who was the bad spouse things made any legal difference in a divorce case. Child custody is decided on "the best interests of the children" going forward. Unless there was domestic violence in the last five years, the past is the past. Property and support are done by formula and mostly by computer programs these days. There are fights to be had over actual income versus ability to earn, comingled community and separate property, like when an inheritance is used for a down payment on a house, and things like that, but it's all accounting, not who did what in the marriage.

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Answered on 10/21/09, 8:21 pm


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