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I need to file for Divorce in California

Atwater, CA |
Filed under: Divorce

I was married in Reno, Nevada in 1999 we are both California residents. In June of 2000 my husband got really involved in drugs and left and I never seen him again. We did
have a baby and she is now 12 years old. He hasn't seen or paid any child support for her ever or hasn't even try to make contact with her. Since then I have had 2 other children and have been with the same man for 7 years. I want to marry him someday and close that bad chapter of my life. What can I do? I am also concerned because I have a good job and I am nervous if I will have to pay alimony because he is a loser and never got his life together, please help.

Attorney Answers 2


Since you were a resident for the past 6 months, then you are allowed to file for your divorce in the state of California.

The longer you have been separated from your spouse, the stronger your argument against any request for spousal support. If your spouse were to file an OSC for spousal support, your best argument against such a request is that he does not need support to "maintain the marital standard of living" since he has been able to support himself since June 2000 (by legal or illegal means).

Your concern is understandable but it should not prevent you from moving on with your life. If you are that worried, then I suggest that you hire a family law attorney to help guide your decisions in the divorce action, which will put your mind at ease.

I have included some links below which may be of assistance. Good luck to you.

By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not intend to make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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Hire an attorney. File for divorce. His chances of getting any spousal support from you are close to zero after 12 years apart. You may be able to get child support for your child but it does not appear to be a concern for you and it may just stir up more than you want to. A divorce should be simple and quick in this situation.

Michael is in San Jose, California and can be reached at 408-295-4232 or at Consultation fees, rates and retainers vary based on need and ability to pay.

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