Thanks for the information.

California is a "community property" state for purposes of a divorce.

California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate. The law requires that the community estate be divided equally if there is no written agreement requiring a particular Division of Property. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Unless agreed otherwise, each spouse must receive half of the net community estate.

The law does not require an "in kind" division of the community property, which would mean you would have to divide each physical object. All that the law requires is that the net value of the assets received by each spouse must be equal. Thus, it is not uncommon for one spouse to be awa awarded the family residence, with the other spouse receiving the family business and investment real estate, as long as each spouse gets assets that are equivalent in value. Since the total net value of the assets being received by each spouse is equal, such a division is proper.

When a married person accumulates an interest in a pension, retirement, profit sharing, or other employee benefit plan during the marriage, the part that was accumulated during the marriage it is community property and subject to division in the dissolution. (If the owner of the benefits contributed to the plan before marriage or after separation, those amounts aren't included in the division.) The spouse who owns the retirement plan can pay the other spouse for the non-owner spouse's share of the community interest, or the court can reserve jurisdiction to have each spouse receive a proportionate share of the benefits when they are paid.http://www.divorcenet.com/states/california/cafaq03

You need to seek the advice of an attorney who specializes in family law--the sooner the better! Once a Complaint for Divorce is filed (if you file it) or you Answer the Complaint (if your spouse files), your attorney can file a Motion For a Temporary Restraining Order to freeze the bank accounts of both parties. The only subtractions allowed from either your account(s) or her account(s) are for the day to day and monthly expenses. Also, you may be able to withdraw funds for your attorney. If your spouse has made major withdrawls from her account(s), the judge may Order that the money be placed back into the account. The same holds true for you.

But, again, you need to seek the advice and counsel of a family law attorney in the county in which you reside. Below is a link to the California Bar Association Attorney Referral Page.

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

I hope you found this information useful.

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You can certainly represent yourself in a divorce proceeding. However, if you believe that there are going to be "contested" issues, it is usually in your best interest to have an attorney represent you who specializes in family law.

Below is a "self help" link to the page from the California Courts for filing for a divorce on your own without an attorney. The link will lead you to other information and forms that must be filed.

http://www.courts.ca.gov/selfhelp-divorce.htm

While I am sure that you are capable of speaking before a judge, an attorney is trained in the law and in the requirements that must be met, the forms that need to be used, and the information necessary for a TRO. Before you file on your own, you should at least to speak to an attorney. That way, you can decide if you can proceed on your own, or if you need an attorney.

I hope you found this information useful.

If you wish to continue this conversation, click on the "Continue Conversation." If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, please reply to me using the “REPLY” or “CONTINUE CONVERSATION” button. If you specify what additional information you need, I will be happy to continue further and do everything I can to provide you with the service that you seek.