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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111659
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in Escondido, California. (North County San Diego).

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I live in Escondido, California. (North County San Diego). I got married about 7 months ago and my spouse came here on a Business visa. I applied for her green card and we just had our interview. Now she is allowed to work. Since she has moved here and her visa case was in progress and she could not work, she did not work. In Pakistan (back home) she was a TV producer. I have realized that I can't live with her and want a divorce. I owned my house (the one we are living in) and an investment property before I married here. I also have an IRA & Roth before I married here (I haven't contributed to either since the wedding). I pay for her health insurance my questions are as follows. 1) I plan to send her on a mini vacation to her sisters and then send her the divorce papers and change the locks so she can't get back in the house. Do I have to provide her a living space outside my primary residence during the divorce period. 2) She was recently diagnosed with Rheumatoid Arthritis, what is my exposure of spousal support.


3) Can you recommend a well priced law firm for this case.

As you are now married, you cannot remove her or block her from the marital residence without a court order, which you would get without much problem when you file your divorce with a motion for temporary possession of the marital residence. As you are married, the court would expect you to contribute to a place for her to stay during the divorce. As far as spousal support, with only a marriage of less than one year there is generally no support at all awarded, since you have not been married long enough for any real marital community to be formed much less an entitlement to any support, even though she has developed RA and may be disabled (length of marriage is one of the factors considered in awarding support). She may receive temporary support from you for the duration of the divorce, but any lengthy support after that time is fairly rare (not impossible, but it would not be lifetime support only temporary support, which is typically 1/2 the length of the marriage less than 10 years). See: CA Family Code 4320, which states:

a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage

(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party

(c) The ability to pay of the supporting party, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living

(d) The needs of each party based on the standard of living established during the marriage; (e) The obligations and assets, including the separate property, of each party

(f) The duration of the marriage

(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party

(h) The age and health of the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party where the court finds documented evidence of a history of domestic violence, as defined in Section 6211, against the supported party by the supporting party

(i) The immediate and specific tax consequences to each party

(j) The balance of the hardships to each party

(k) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties; and

(l) Any other factors the court determines are just and equitable.




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