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Me & my husband have not filed any Divorce or custody in…

Customer Question
Hi, Me & my husband...

Hi,
Me & my husband have not filed any Divorce or custody in court yet but I have moved out and he wants to break the apartment lease which I signed the papers into but he will have all furniture/ white goods electronics that he can sell and get money. Is there any way legally that I can get either some money from sold goods or keep some items for me. Or this he would have to done later incase of Divorce - where I expect him to lie abd say he disposed off everything.Also he is asking me to file Taxes jointly - is there a way I can get half of the tax rebate in my account while he takes half.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No , he has also not filed anything

Lawyer's Assistant: Family law varies by state. What state are you in?

CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not right now

Submitted: 4 months ago.Category: Family Law
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Answered in 4 hours by:
4/12/2018
Family Lawyer: S. Kincaid, Family Law Attorney replied 4 months ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified

Filing and serving divorce papers will protect you some. In California, this process triggers automatic restraining orders preventing the dissipation of assets (including the sale of items) except in the normal course of business or for necessities. Upon completion of the divorce, you can ask for reimbursement for any property he sole or gave away since the date of your separation. Also, if you file for divorce, you can ask for temporary orders giving you possession of items while the divorce is pending. You can also ask for child custody and visitation and child support orders pending completion of the divorce. In some situations, you can also get spousal support while the case is pending. There are free online forms and instructions on the California courts website.

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Family Lawyer: S. Kincaid, Family Law Attorney replied 4 months ago

Here is the court website with forms and instructions. Do you have any other questions?

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Customer reply replied 4 months ago
Can I file divorce petition while I am out of California in the state of California. I am at my parents house
Family Lawyer: Olivia Kent, Family Law Attorney replied 4 months ago
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,718
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. I am a different attorney with the site. I see you're no longer working with your previous attorney. Please note this site is general information for educational purposes only. No course of action is proposed and the information provided does not constitute legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
.
You absolutely can file a divorce petition in the state of CA as long as you meet the residency requirements for the state - and that would include if you're not physically in the state when you submit your filing.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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