Family Law Questions? Ask a Family Lawyer Online.
You provided a lot of information and I'm sure you have a lot of questions. Let's start with the financial issues....
First, you should begin with your state bar association. The California State Bar has a website, it is located at www.calbar.ca.gov.
I do not know your county of residence but your county bar association likely has a similar site that will be more specific to your location.
Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.
Additionally, there is quite likely a legal aid society in your area. A quick internet search and/or phone book search should locate the society closest to you.
Each of these resources will have a wealth of information as to attorneys in your area that handle such cases and that would provide services for free or at a reduced cost.
As the attorneys have suggested, you can quite likely get an award of attorneys fees from your husband. The general rule is needs versus ability to pay. In other words, if you are in need of financial assistance and he has the ability to provide assistance, then the court would quite probably order him to pay your fees.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
Thank you for your time and assistances. However, it does not answer my question. Maybe it will help if I tell you that I live in California. I thought you would pick that up being I stated that I moved from sourthern California to Northern California.
Again, can you read my original question and provided me with your opinion as to my short term marriage wold allow me any support being that I left a full and wonderful life and gave it all up and was displaced and not allowed to work. Or if it is not worth it and the cost would be more then the pay off.
Thank you again for you help in this matter.
I apologize, I should have been more clear in my original post. I understood that you were likely in need of a great deal of assistance. My first post wasn't intended to answer all of your questions, I meant it as a starting point anticipating that you would ask follow up questions and we would narrow the focus as we went along.
Regardless, give me a moment to read through everything again and I'll respond in just a bit.
Thank you for your patience.
Due to the short-term nature of your marriage, it is highly improbable that you would receive any long-term support. One of the foremost factors in awarding support is the length of the marriage. With a two year marriage, you have no reasonable expectation of long-term support.
However, you do have a compelling case for temporary and/or short-term support. By temporary, I mean during the time that the divorce is proceeding through the court system. As to short-term, this would essentially be a form of rehabilitation after the divorce is concluded to assist you in getting back to where you were prior to the marriage.
As to the pre-nup, I would agree that it is probably meaningless. It is a generally accepted legal theory that a pre-nup signed in the days prior to the wedding day is subject to being set-aside. For a pre-nup to be acceptable, both parties should have it reviewed by an attorney (or at least have the opportunity to do so) and it should be fully executed well prior to the wedding day.
As to the house that you "gave up", you should be able to recoup your losses. For example, if you sold the house for a $50,000 profit and then put that money in a joint account, you certainly have a valid argument that you should be entitled to the full $50,000 back. Just like the short-term nature of the marriage hurts your claim to spousal support, it helps your claim here.
Please let me know if you need any additional clarification.
Thank you. It sounds like you are saying that I would probably be entitled to some support but not as much as it would cost me to be represented by an attoreny that is famular with pre-nups. A lot of attorenys do not know the law on them and to find one that would go to trial to have it set aside would take the $15K and I would probably only get about $8K or thereabout, I have been told.
Candidly, you are probably correct.
Attorneys fees vary widely from state to state and even county to county. And, of course, retainers are partially based on the complexities of the issues. This can include the length of marriage, whether or not children are involved, the amount of assets included in the marriage, the incomes of the parties, and other issues.
Having said all that, $15,000 seem high based on the facts you've provided to me. That was the reason I included the links and other information in my first post, I would urge you to check into a few other attorneys in your area. It would seem probable you get locate an attorney to start your case for less. I would suggest you could retain an attorney for less based on the short-term nature of the marriage and the probability of obtaining funds from your spouse.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).