QUESTION
What can be the best step in coming with the agreement on the house furniture?
Asked on Apr 05th, 2013 on Divorce - California
More details to this question:
On April 5, 2013, my husband came to me a stated we need to come to an agreement on the furniture in the house. We have a 15 year old son and I was wondering what was my option was pertaining this divorce. He is talking about just leaving next week and I was wondering could I get him for abandonment. He pays all the bills in the house but last month he began to lack on his bills.
5 ANSWERS
Family Law Attorney serving Temecula, CA
at
Landon Rainwater Robinson LLP
Update Your Profile
No abandonment. If neither of you have file for divorce one of you needs to. You also need to file a Request For Orders for custody, visitation, child support and spousal support and possibly attorney fees if you do not have access to funds to hire an attorney. You can get temporary orders also to address issues as who gets to remain in the house and who pays what debts till judgment entered. Once the Petition and Summons are served on the other spouse, automatic temporary restraining orders go into effect. These prevent either party from borrowing, selling loaning or giving away community property pending final judgement. It also requires no changes to health insurance or bank accounts etc. You should consult a family law attorney.
Answered on Apr 07th, 2013 at 9:38 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You need to file for divorce and for a hearing on child support and alimony and for him to pay towards your attorney fees. There is no law that he can't leave his family. Reaching an agreement on dividing the furniture is better than spending attorney fees to argue about it. You can each pick an item in turn and it usually evens out. You can come up with a "wish list" and then discuss it.
Answered on Apr 05th, 2013 at 2:41 PM
There is no such thing as "abandonment" under California law. what you need to do is file papers for divorce or legal separation before he takes off with everything and you have no money or support. Please talk to a family law attorney in your area immediately.
Answered on Apr 05th, 2013 at 2:26 PM
John Arthur Smitten
Have your agreement reduced to writing then approved by the court.
Answered on Apr 05th, 2013 at 1:49 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
If he earns significantly more money than you do, you can ask the court to award you temporary Spousal Support, pending the divorce and final orders. Also, he may owe Child Support, depending on the amount of time you will each have the child in your care. As far as the household goods, if he is moving out, you should try to document what is there and each take turns choosing things you each want to keep (all in writing). If he won't do this, keep photographic records. You will want to file your request for orders (Custody, Visitation, Child Support and possibly Spousal Support) as soon as possible, because it will take 4-8 weeks (usually) to get a court date and get orders started.
Answered on Apr 05th, 2013 at 1:38 PM