Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Richard Forrest Gould-Saltman

1 Answer | Asked in Divorce for California on

Q: Do I have to file a divorce or separation when my husband deserts me? He left last week?

Richard Forrest Gould-Saltman answered on Mar 12, 2013

You never HAVE to file for dissolution or separation, but there may be very good reasons for you to do so IMMEDIATELY. You should speak to an EXPERIENCED family law attorney so you understand the best way to protect your rights.

1 Answer | Asked in Divorce for California on

Q: My ex husband cashed out a 401k without my consent/knowledge and spent all the proceeds. Can he be charged criminally?

He did this a month before moving out of our home. He spent the money on clothes, trips, motorcycles and to support another woman and her sister. He admitted in his deposition that he DID NOT get my consent and that he did it without my consent. I did not find out about this until he responded to... Read more »

Richard Forrest Gould-Saltman answered on Mar 12, 2013

You probably cannot have him charged criminally, since all he did was spend money which he accessed lawfully. You probably CAN get an order that he repay your share of the amount he removed in the final settlement of the financial issues, and probably get an order that he pay some of your attorney... Read more »

1 Answer | Asked in Divorce for California on

Q: Wife left me and my daughter (1 month). Do I need to file for Child Abandonment before filing for divorce?

Wife left February 1st to Virginia. She was physically abusing my 14 year old daughter, refusing to cook for her, or take her to school. I'm planning on filing for divorce, but need to know if I need to file charges against her before doing so. I am also concerned about our property and need... Read more »

Richard Forrest Gould-Saltman answered on Mar 12, 2013

If your wife has left, there's no need to file a request for a restraining order. There's no "abandonment" charge to file. You should contact an experienced family law attorney and go ahead with the dissolution and a request for a custody and child support order.

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.