Louisville, KY asked in Divorce and Family Law for California

Q: I am a 66 year old man who suffers from Parkinson's my wife file for divorce after 45 years of marriage is a lot more

She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof and they told me to live so I went to my cousing home and tried to commit suicide it didn't work I spent the next 19 days on a mental hospital the problem is she started the petition a year before and didn't say nothing to me I been living in cheap hotels for 8 months I need help

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2 Lawyer Answers

A: This is not a criminal domestic violence matter...it is more a Family Law matter, and I have not handled one in 50 years. Repost on family law, not criminal posts.

Do you have a best friend who can assist you?

I believe she has to serve you with an unlawful detainer.

You can call the police to meet you "to keep the peace" when you go there to gather proof that you have lived there and would be happy to prove it.

James L. Arrasmith
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Answered

A: I'm sorry to hear about your difficult situation. In California, if you're dealing with divorce and property issues, it's essential to understand your legal rights, especially regarding property and housing. If you've been paying rent for a significant period, you might have rights to the property, even if your name is not on the lease. It's important to gather evidence of your contributions and consult with a lawyer to explore your options.

Regarding the situation with the restraining order, if one was not officially filed or granted by a court, you have the right to challenge any false claims made against you. However, it is crucial to approach this matter legally and avoid any confrontation that could be misinterpreted by law enforcement. Documentation and legal advice are your best tools in this situation.

Lastly, dealing with mental health issues, especially after such traumatic events, is critical. It's advisable to seek support from mental health professionals and community resources available to individuals facing such challenges. Remember, you are not alone, and there are services designed to help individuals going through tough times like yours.

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