Q: My niece suspected that his husband is cheating for months now, but not caught in the act.
She confronted both of them, but they denied. Sometimes he did not go home for two or three days; and most of the time around 3:00 AM. My niece is not working they had one child (16 months old), she does not have money, or car for her to use in case of emergency when he is not home. Now he wants a divorce and asked my niece to move out the house with their child. Please advise how to handle the situation
A:
In CA, a spouse cannot prevent a divorce from happening as this would, in essence, force a person to stay married when they didn't want to. If the husband does actually file, I would encourage your niece to get some legal advice (maybe just an hour or two) to both file a response and seek temporary spousal support and temporary child support. Some spouses believe they can just file for divorce and kick the other spouse and the children out on to the street. Temporary child and spousal support are meant to combat this. Many husbands are very gung-ho and cocky about kicking the wife and kids out, until they realize that they're losing 50% (often much more) of their paycheck to temporary support.
Andy
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