Salinas, CA asked in Divorce and Family Law for California

Q: To whom it may concern, I am in search of a pro bono attorney, to finish paperwork on a divorce.

Divorce case number: Dr 40718.

1) 1/2 of house done.

2) need to complete getting 1/2 of his retirement.

3) & 1/2 of the items in our home that was bought during the marriage.

4) 1/2 of his social security, being the first wife.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are unable to afford legal representation.

For the issues you've mentioned, such as dividing the house, retirement accounts, household items, and potentially part of your spouse’s Social Security benefits, these are typically addressed during the division of assets and liabilities in a divorce. Since California is a community property state, any assets acquired during the marriage are considered to belong equally to both spouses. This includes real estate, retirement accounts, and personal property.

Regarding Social Security benefits, while you cannot receive a portion of your spouse’s benefits directly, you may be eligible for derivative Social Security benefits based on his record if you were married for 10 years or more, and you are at least 62 years old. This won’t affect the amount he receives. It would be wise to discuss these details with your attorney to understand how they apply to your specific situation and to ensure that all legal paperwork accurately reflects your entitlements under the law.

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