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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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I havent filed decree, because my ex husband finacial

Customer Question

I havent filed for my decree, because my ex husband finacial situation has changed , I didnt ask for retiement benefits or debt owed at original filing he has had a child with a co worker and now I have lupus and am disabled what do I do now
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If the divorce is not yet final, you have the ability to amend the Complaint (or Answer, depending on who filed first), asking for what you are legally entitled to: ***** ***** all community property, meaning all property acquired during the marriage, that your husband pay for half of all debts acquired during the marriage, and that you receive spousal support based on the fact that you are disabled and therefore unable to work.

You'll have to file a Motion to Amend along with the amended pleadings, letting the judge know that your circumstances and your husband's have changed since the divorce was filed and it's in the interests of justice to allow the change. Under California Family Code, Section 4336, the judge retains jurisdiction to amend alimony at any time when the parties have a long term marriage, which you have. It could help to cite that statute.

And if your husband has significantly higher income than you do, you may be able to file a motion to have him pay for a lawyer to help you with these things. You can talk to a couple of local attorneys and may be able to find one to file all three of those documents for you.

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