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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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How does leaving the state of Calif. impact a potential divorce

Resolved Question:

How does leaving the state of Calif. impact a potential divorce case. The parties have not filed yet.
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Impact how, in terms of property rights or where to file?
Customer: replied 6 years ago.

My sister and her husband really just have a lot of credit card debt between them, an unpaid off sailboat, an old car he has "given" her that is paid off. They are both on the lease of a 2500$ per month apt. where she no longer lives and has not lived for over 30 days.

 

She is leaving the state today for a trip that could be perceived as "leaving" the state. They no longer live together and things have been amicable so far. My sister's husband; however, is now aware of a possible infidelity on her part. My sister is, I think, being unwise about this and is not retaining an atty or filing before leaving the state. The state she is going to is where the supposed ifidelity lives. Please advise. The husband is still saying he wants things to be amicable.

 

How soon, if my sister did file, could she be eligible for emergency spousal support? Thank you so much.

Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

California as a state does not really discriminate against even "fault" or "no fault" divorces. That means that even if she leaves, she does not lose her assets, property, or her share of the debt. Until separation is granted, all assets, debts, obligations, or property is deemed to be owned 50/50 by both spouses unless there is either a pre, post, or anti-nuptial agreement to the contrary. This split does not affect pre marital asset or debts as those are considered to be fully owned by the original party.

As for filing, the moment she files and the courts rule, she can demand spousal support. Just be aware that the spouse is NOT automatically entitled to support, and fault on her part can lower and possibly even eliminate her support entitlement.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 5:44 PM EST
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