QUESTION
If I leave my home before filing for divorce am I at jeopardy?
Asked on Nov 13th, 2012 on Divorce - California
More details to this question:
Am I still entitled to half of everything? I am being verbally abused and do not want to stay. Husband does not want divorce.
8 ANSWERS
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You are still entitled to an equal division of community property. If you have to leave your children behind, I would talk to an attorney regarding what to do to protect that relationship.
Answered on Nov 16th, 2012 at 3:34 AM
You are entitled to one-half of all assets and debts acquired during your marriage no matter where you live when the divorce is filed. California is a no fault state so you cannot be accused any kind of "abandonment". If you need a domestic violence restraining order, you might be able to force him to move out of the house. I strongly recommend you have at least a one time in person appointment with a family law attorney in your county to get some guidance and assistance.
Answered on Nov 15th, 2012 at 3:40 AM
Leaving the home, particularly to escape abuse, does not figure in the division of property in any way. You should go to a place of safety and then consult a family law attorney or facilitator to assist you.
Answered on Nov 15th, 2012 at 3:21 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Couples separate and one lives somewhere else - it's the nature of the game. Community property is, in general, assets and debts acquired during the marriage and prior to separation. When there is a marital home that is owned, it is in most cases a community property asset. You are still entitled to your share of the community property estate regardless of whether you are living in the home or not. Talk to a local attorney for a more complete explanation about your rights and liabilities.
Answered on Nov 15th, 2012 at 3:19 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Go to see an attorney. You can leave home but your stuff may not be there when you get back. If he's being abusive, you can file for a restraining order. Jeopardy really depends on your unique situation. You do not lose your rights to what you are legally entitled but documents get destroyed and money gets moved if you do not keep an eye on things. If you leave, make copies of every financial/legal document you can get your hands on and take them with you.
Answered on Nov 14th, 2012 at 3:21 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Moving out of your home does not change the property distribution. And your husband does not have to agree with the divorce. You should consult with a family law attorney to fully understand your rights. It is possible you can remain in the home and force husband to leave.
Answered on Nov 14th, 2012 at 9:59 AM
File for dissolution and ask for exclusive use and possession of the house
Answered on Nov 14th, 2012 at 9:58 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There has been no fault divorce in CA since 1969.? It does not matter if you move.
Answered on Nov 14th, 2012 at 9:58 AM