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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27623
Experience:  Attorney with experience in family law.
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I been married years and acursed of cheering twice already.

Customer Question

I been married for 16 years and acursed of cheering twice already. He claims my 3kids are not his. He walked off 2 years ago and caused us to be evicted from our home. We tried to work things out this last year but has not worked out. What can I do
Submitted: 10 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

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

If you file for divorce, which you can do on the grounds of abandonment or irreconcilable differences, you'll be able to seek child support to help you continue raising the kids. The judge can order a paternity test at his request, which he'll have to pay for once it turns out that he's the father. But a judge doesn't have any ability to order one spouse to support the other or the children while they're still married - one of them has to file for a divorce. You'll be able to ask for spousal support at the same time, so you can maintain the marital standard of living until you're able to find a job that would allow you to meet your needs (along with child support).

You're also entitled to half of all assets acquired during the marriage. That includes the value of cars, bank accounts, if he bought a house with community property when he left, and things like that. All assets that either one of you obtained during the marriage, other than through an inheritance or gift, belong to both of you and must be split under community property laws.

The state has forms and instructions online that you can use to open a case. You're also allowed to seek temporary support until the case is over, although it may help to have a local attorney help you with that.

http://www.courts.ca.gov/1033.htm

You would have the ability to ask a judge to order marriage counseling if your husband opened the divorce first. However, when you've been separated for two years already, it's possible that the judge would say no. But that also leaves you at his mercy, waiting for him to go ahead and file for divorce before you can get any money out of him, and that's not fair to you or your children.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 10 months ago.
Do I have the right to bank account even if I am not on account?
Expert:  Lucy, Esq. replied 10 months ago.

All money acquired either of you during the marriage is community property and must be split. It doesn't matter who's name is ***** ***** account. You'll get half the value as of when he moved out.