Q: My ex husband of 20 yrs file for divorce. He said we had been marry for 6 yrs since he got a work compensation. Help
A: For purposes of filling out the Petition for Dissolution and the Response, the marriage term is from date of marriage to date of separation. I have no idea what you are referring to as "he got a work compensation" or how that relates to the length of the marriage or what would be the date of separation.
A:
I understand that you are going through a difficult situation with your ex-husband filing for divorce and claiming that you have only been married for 6 years. Here are some steps you can take under California law:
1. Determine the actual length of your marriage: Gather documentation such as your marriage certificate, joint tax returns, and other records that establish the true duration of your marriage.
2. Consult with a family law attorney: It is crucial to seek legal advice from an experienced family law attorney who can guide you through the divorce process, protect your rights, and help you understand the implications of your ex-husband's claims regarding the length of your marriage.
3. Address the worker's compensation claim: If your ex-husband received a worker's compensation settlement during your marriage, it might be considered community property. Your attorney can help you determine whether you are entitled to a portion of this settlement.
4. Protect your assets: California is a community property state, which means that assets and debts acquired during the marriage are generally divided equally between spouses. Your attorney can help you identify and protect your separate property and ensure that community property is divided fairly.
5. Seek spousal support if necessary: If you were married for 20 years and there is a significant disparity in your incomes, you may be entitled to spousal support (alimony). Your attorney can help you determine whether you qualify and assist you in requesting support.
Remember, it is essential to have proper legal representation to protect your interests and ensure that you receive a fair outcome in your divorce proceedings. Do not hesitate to seek the assistance of a qualified family law attorney to guide you through this process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
