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Getting ready for a divorce, what's my first step?

Fontana, CA |

I've been with my spouse for 5 years and we have twins together that are 2 years old. He just confessed that he's been cheating on me for the last four months. I am a stay at home mom and don't have a job. We share an apartment under an "affordable income" program with a 9 month lease that's up in November. We also have a 2007 GMC Yukon which we purchased from our joint checking account for me and my children (I have two other boys from a previous marriage) he drives a 1992 Toyota Corolla. The Yukon is under his name since I have no credit. He informed me that after next month he will no longer be financially responsible for me or our children. He wants the Yukon, and me to give up our apartment. I need to take action, What should my first step be?

Attorney Answers 4


  1. Research experienced divorce attorneys in your area and contact them to arrange initial consultations.


  2. Contact a divorce attorney in your area for a consultation. You have a lot of issues that will need to be addressed in this divorce. I.e. child custody, child support, spousal support, property division, etc. Do yourself a favor and do not contact a legal document preparation service to help with your divorce. Good luck with your case.

    Marcus W. Morales, Esq.
    Morales Law
    115 W. Mission St.
    Santa Barbara, CA 93101
    www.marcusmoraleslaw.com
    (805) 845-5405

    All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.


  3. I agree with the previous two answers in that you need a legal representation. Moving forward with filing a Petition for Dissolution on behalf of yourself would not be wise. Because paying for an expensive attorney does not sound practical, I suggest you contact the San Bernadino Legal Aid or Inland County Legal Services. You may be able to retain a pro bono attorney to work with you in moving forward with your divorce.


  4. File for divorce, list the Yukon as a community property item on form FL-160, and file a Request For Orders on child custody, visitation, child support and a temporary order granting you the use and possession of the Yukon pending division of all the assets. Also your Request For Orders should request temporary spousal support and for health coverage for you and your children. YOu might need at attorney.

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