Q: I am married with two kids, 9 and 11. I am thinking about filing for a divorce and would like to know my rights.
My marriage is 15 years old.
A:
This is a broad question, but I would start off with whether you are still living together and whether there have been any allegations of, or actual incidents of, domestic violence. If you are not living together, who are the kids primarily with and who is the high earner? Have you or your spouse or both of you lived in your county for at least three months and California for at least six months? Did you have a prenuptial agreement?
Spousal support is at play if there is a serious income disparity between the two of you. Spousal support might last a long time because the marriage was over ten years.
All bank accounts, credit card debt and retirement accounts are subject to division because California is one of nine states that follow community property law.
I hope this helps.
Your type of question is best handled by a confidential consultation, either in person or over the phone (619-515-9900).
I only handle family law matters and I have been a certified family law specialist (as designated by the State Bar of California, Board of Legal Specialization) for over 15 years.
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