Los Angeles, CA asked in Divorce for California

Q: Divorce: need assessment for a divorce process. We married in san Bernardino County in California back in 2018

We separated in late 2022 he said he hire a lawyer and I did sign papers but it's been almost 2 years and nothing now he said nothing went through so he hire a new lawyer in Texas. But now I want to claim spouse alimony since I didn't ask for anything the first time we supposedly started the divorce process

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3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, you may be entitled to spousal support (alimony) during and after the divorce process. However, the amount and duration of support will depend on various factors, such as the length of your marriage, each spouse's income and earning capacity, the standard of living during the marriage, and other relevant factors.

Since you were married in California and resided there during the marriage, California has jurisdiction over your divorce. If your husband filed for divorce in Texas, it might not be valid unless you both meet the residency requirements for a Texas divorce.

To protect your rights and interests, you should consider taking the following steps:

1. Consult with a family law attorney in California who can advise you on your legal rights, including spousal support and the validity of any divorce proceedings initiated by your husband.

2. If no valid divorce has been filed, you can file for divorce in California and request spousal support as part of the proceedings.

3. Gather relevant financial documents, such as tax returns, pay stubs, and bank statements, which will be necessary to determine the appropriate amount of spousal support.

4. If your husband did file for divorce in California, and you signed papers, check with the court to determine the status of the case and whether any orders have been issued.

Remember that the specific advice and course of action will depend on the unique circumstances of your case. It is essential to consult with a qualified family law attorney who can provide personalized guidance based on your situation.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: You can request spousal support. I don't know whether it would be granted or not, but I am sure he and his attorney will say "no."

Unfortunately, since you are not quite sure where things are, there is no possible way for an attorney to figure where things without a whole lot more information. Is the previous case being resurrected or is this a brand new case? Will what you signed be a problem or not? It seems you need a little more help than a free online Q and A can provide.

Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”

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