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AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
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MYDAUGHTER IS GOINGTHRU A DIVORCE AND HER EX WHO LIVES WITH

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MYDAUGHTER IS GOINGTHRU A DIVORCE AND HER EX WHO LIVES WITH A WOMANIN A ONE BEDROOM APT TELL HER THAT HE WANT THE CHILDREN AND SHE SHOULD GET A JOB AND HIS GIRL WILL WATCH THE CHILDREN THEY ARE 6 AND 3 THEY WERE MARRIED FOR 8 YEARS HE ALSO IS FROM ENGLAND AND NOT A CITIZEN SHE IS 38 AND A WONDERFUL GIRL HE HAD AN OPEN AFFAIR WITH THIS WOMAN AND HE TOLD HER SHE COULD DO WHAT EVER SHE WANTED TO D O I NOW LIVE IN OHIO AND WOULD LIKE TO HELP BUT I AM RETIRED AND NOT VERY FINANCIAL ANT HELP OF WHAT SHE CAN DO OR WHAT TYPE OF LAWYER SHE CAN GET TO HELP HER ALSO HE DOES NOT WANT TO PAY HER ANY THING AA SAD DAD LARRY
Submitted: 4 years ago.
Category: Family Law
Expert:  AttorneyTom replied 4 years ago.
Hello Larry. I am sorry to hear about your daughter's situation but I thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
Your daughter will need an attorney who practices family law to represent her in her divorce. If she cannot afford to retain her own attorney, she can ask the court to require her husband to pay her attorney's fees. She can also ask the court to award temporary spousal support during the divorce and the court may order him to provide her with spousal support during the process. As for property distribution, California courts strive for an equal distribution of property acquired during the marriage. That said, the court might reduce his husband's share of property if it determines that he has wasted marital assets on his affair. The court can also potentially order alimony on a longer basis after the divorce depending on the circumstances. The court will look at the length of the marriage, needs of each spouse, ability to pay, earning capacities, etc. A spouse can also ask for exclusive use and possession of the marital home when it's not feasible for both spouses to continue to live together. The home will generally go to a parent with primary custody of children. As for child custody, the court will evaluate that matter in terms of the best interests of the children, considering every relevant factor that affects their well-being. When it comes to visitation, it's possible to ask the court to prohibit overnight guests when children are present and that can ensure that a parent is not cohabiting with a significant other in the presence of cihldren.
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