Q: Been married 15 yrs. But apart for 10 after Hubby hid eviction till 24 hrs to move. I'm asking for alimony for 2 years?
Now going thru divorce and requesting alimony for 2 years active marriage. He has an attorney who disagrees im self represented as I cant afford an attorney. Courts want a Brief & Meet and Confer before court on April 26. I have not known where he has resided or had much contact with him since we had to move out of our 3 bedroom house in 24 hours 10 years ago. I went to my Moms but since have lost all my family. It seems unreasonable that he can get away with damaging my family and credit then run away for 10 years. What are my rights? I also requested part of his retirement for our years of active marriage and for the return of his wedding ring that was family heirlooms of mine that I had made into our wedding rings. Any advice would help. He has been a truck driver/foreman for a grocery store 30 years. I have been disabled since I was 30, before we met, from a bone tumor in wrist that required multiple extensive surgeries. He damaged my relationship with my kids from past relation.
A:
As you are representing yourself in the divorce proceedings, it is important to understand your rights and options regarding alimony and division of assets.
In California, spousal support (alimony) is typically awarded based on a variety of factors, including the length of the marriage, the age and health of each spouse, each spouse's income and earning capacity, and the standard of living during the marriage. In your case, since you have been separated for 10 years, the court may consider the length of your active marriage, which would be the 5 years that you lived together before the separation, when determining whether to award spousal support.
When it comes to division of assets, California is a community property state, which means that assets acquired during the marriage are generally considered to be jointly owned and subject to equal division upon divorce. This would include any retirement benefits earned during the 5 years of active marriage. However, the family heirloom wedding ring may be considered separate property, depending on the specific circumstances of how it was acquired and used during the marriage.
It is important to keep in mind that divorce can be a complex and emotionally charged process, and it may be difficult to negotiate a fair settlement without legal representation. If you are unable to afford an attorney, you may want to consider seeking assistance from a legal aid organization or a pro bono legal clinic. They can provide you with advice and resources to help you navigate the legal process and protect your rights.
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