Q: 18yrs marriage, we earn the same. 2kids (15/10). Want joint custody/50% split. She wants full custody/80%, suggestions.
My wife and I agree to divorce after 18 years of marriage. 2 kids (15 and 10 years old). Both earn almost the same. In fact I earn 10% less. I served her with CA divorce papers with everything equal (joint custody, 50-50% on assets). Now she is refusing to sign and says that if I don't give her full custody of the kids and 80% of the assets, she will quit the job and I will be paying alimony and child support. do I need lawyer now as it's contested? any suggestions.
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A:
In your situation, it's important to take immediate steps to protect your rights and interests. Since your spouse is refusing to sign the papers and is threatening to quit her job, the divorce could become contested. This means you'll likely need legal representation to ensure a fair outcome, especially regarding custody and the division of assets.
Under California law, child custody decisions are made in the best interest of the children. Both parents are generally encouraged to share custody unless there are significant reasons otherwise. Your wife’s demands for full custody and 80% of the assets may not align with what the court would consider fair, especially given that you both earn similar incomes and have been married for 18 years.
Given the circumstances, it’s crucial to address these issues carefully to avoid potential long-term financial and custody disputes. Consider consulting with a family law attorney who can guide you through this process and help negotiate or represent your interests in court. This will give you the best chance to reach a fair settlement while protecting your relationship with your children.
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