If your purchased the house during marriage then it would be a community asset. CA is a community property state; thus upon divorce the community property would be subject to a 50 /50 division of assets. If there is equity in the home, then the equity (when sold) would be split between the spouse. Generally, such equity would be split 50/50; however that is not always the case.
The quickest protection you have is to file for divorce or legal separation. Each of these actions include an ATRO ("Automatic Temporary Restraining Order") that creates an injunction preventing a party from taking a child out of state. Once that is filed, you can then file for an Order to Show Cause to secure a court order specifcally preventing any relocation from the immediate area.
If your ex still seeks to relocate out of the area, then you have what we call a "move away" case. There...
The date of separation depends on many factors; such as when she moved out, intent to reconcile, ect. To make your seperation legal in the Court's eyes and for other legal purposes you need to file the summons and petition. The date can reflect the date in which you two no longer intended to resume any marital relations (ie when she moved out); so long as there was permanent intent to separate. You should contact a local family law attorney if you have further questions re this issue....
If you are unhappy with your attormey them you should simply research different attorneys. There are many reasons why a diorce case can be prolonged, especially when there is property involved. However, 3 years is an extremely long time. When money is involved there are several different discovery tactics that can be used (ie deposition of spouse that emptied the bank accounts). It just may be that your attorney is burnt out. Your mother is free to fire and hire any attorney she chooses....
You should file a Motion to Set Aside the Default if it has in fact been entered by the Court. If there was in fact fraud (which there are not enough facts to determine there was at this point), that can be used in the facts as well. These motions are extremely time sensitive so you should contact a local lawyer to determine if the Statute of Limitations has passed.
The 3rd party does not generally need an attorney as no law is being broken for "having an affair." Discovery is a process used wherein the third party would need to be identified and further inquires can be addressed with respect to issues that may involve or pertain to any children. To subpoena such information is not that unusual.
Holstrom, Sissung, Marks & Anderson
There are many different things that constitute a "change in circumstances." This can include increase in pay, decease in pay, additional children, cost of living, ect. Either parent can file a modification for support if there are facts that support the needs for the change. You should contact a local family law attorney in the area; most offer free consultations over the phone.
Disclaimer: This answer is intended for informational and educational purposes only and hould not be construed...
I think that there may be some false information being provided to you. It is nit very likely that the Military is focring your husband or even pressuring him to file for divorce. Maybe you could set up a meeting with your husband and his officer to resolve this issue.
I would seek a consult from attorney rather quickly regarding this issue. Many attorneys, specifically, family law offer free consultations. Furthermore, the facts are unclear as to what type of hearing is set and who set it. Have you personally filed for a hearing for support? These are very important questions. If you have not, I would do so rather quickly as it can tale up to 4-7 weeks to get a Court date in some counties. If you need the money to provode for your child, generally the...
Co-habitation with another person can reduce or eliminate the need for support. Your husband should consult and attorney re this issue or file a Motion to Modify the current support orders based on this information. Until teh Court approves such a modification the current orders re support remain in place.
Holstrom, Sissung, Marks and Anderson