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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117358
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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There my husband kicked me out of the house and married

Customer Question

hi there my husband kicked me out of the house and married me for his us citizen ship. took all of the money in our account and i need to know how to get spousal support.
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What state are you in?
What have you done so far?
Customer: replied 2 years ago.
CaliforniaI've only moved out because he says I had to. He has been demanding I sign the divorce paperwork
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
You did not have to move out of the marital home. CA is a community property state. Even if he owned the home in his name only, you did not have to move out without a court order.
As far as spousal support in CA, for marriages lasting less than 7 years, the CA courts will award you spousal support for a maximum of 1/2 of the time you were married. The amount of your support would be based on his income and your needs that you can prove to the court.
You are also entitled to 1/2 of all of the assets that were acquired by the community during the time you were married.
You do not have to sign the divorce agreement if you do not agree to what it says. In fact, you can make him serve you with the divorce papers and you can file an answer and a counterclaim for divorce with the terms you want in the divorce.
If he has put you out and taken all of the money out of the account, you need to get a local lawyer as that would be the best way to protect yourself. If you cannot afford one, go to the local legal aid office for assistance or call the state bar to ask about a pro bono attorney near you.
The issue here as well is it is a felony for him to have married you just for resident alien status and it can cause him to be arrested and spend up to 10 years in prison before being deported and being barred from ever returning to the United States, so you are supposed to report this to US Customs and Immigration as soon as possible. If they pick him up, you can at least get back into the home as well.
Customer: replied 2 years ago.
Im currently living with my mother in SF. As I had no where to go.I want to return to LA to work and live but I do not have a place to go to.I did send an email with the full summary report to the reportfraudtips for Marriage Fraud.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
At this point, you should not sign the divorce documents, make him serve you and you can file an answer and counterclaim for divorce.
I still suggest your best option is to go to legal aid and get legal representation so you can get back to LA and work and live.
Customer: replied 2 years ago.
Thank you for your advice! This isVERY helpful.Another question about Alimony, can I file for temporary spousal support now and should I have a lawyer assist me with that?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Yes, you can indeed request temporary spousal support now and you really should have a lawyer assisting you. They will file the motion for temporary support with your other divorce pleadings.