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I would like to help, but first you must do something for me. First, take a very deep breath, then exhale.. Now take another deep breath and say to yourself, "I will not be afraid of my husband ever again" and keep repeating that. I am going to give you the Answers in "rapid-fire" form so that I do not keep you in suspense, but you must believe what I tell you because it is true
1. Your husband cannot do anything to you;
2. If he calls the police, they will ask him, "who is driving the car". As soon as he says, "My wife", the police will have a good laugh and leave. There is nothing the police can do to you, you own every vehicle, just as much as your husband;
3. California is a "Community Property" State which means that all community property is divided equally between husband and wife upon dissolution of the marriage;
4. "What is 'Community Property" ? Community property is all property acquired, purchased, or earned duringthe marriage and it belongs to both spouses, regardless of whose name is XXXXX XXXXX or who paid for it, or who earned it (Such as Pension funds, IRAs, etc.). If it was earned during the marriage, it is community property. The only exception is anything acquired by gift, bequest, or inheritance, these remain the sole, separate property of the recipient spouse.
5. If your husband has threatened to kill you, you son, and the dogs, go straight to the police station and report it immediately. Then, go straight to Superior Court, in the County of your residence, Family Division, and ask for an Order of Protection and exclusive occupancy of the marital residence. They have all the forms you will need and the Court has real live people there to help the Pro Se litigants.
Remember, it does not matter whose name is XXXXX XXXXX title to anything. If it was bought during the marriage, it is community property.. The Emergency Judge will sign a Temporary Order and the Court Clerk will set a hearing date for the permanent Order.
6. On your way home to the marital residence, you will stop at the police station in your area and show the police your Temporary Order of Protection. They will probably want to make a copy of it. If your husband comes anywhere near the house, you will pick up the telephone, call the police and theywill come to your house in no time and arrest your husband for violating the Temporary Order of Protection.
7. You can start the divorce proceedings youself at the "Self-Help" desk in the Family Court. You can get an attorney, then ask the attorney to file a Petition for Counsel Fees.
8. During the divorce proceedings, the community property will be divided equqally between the two of you. If you cannot agreeon the division of who gets what, then the Judgewill decide
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