Just started the process of divorce and he gets in my face yelling bad things about me so that my kids will hear this.

i am filing paperwork for getting divorced and my husband thinks if he refuses to accept the papers that I can't proceed. Is this true? Also he threatened to take my son away from me if I go thru with it. At what point is it legal to get a restraining order to stop him from slandering me in front of my kids? Can I file criminal charges against him? His other sons mom was held hostage by him for trying to leave. He never actually hits me though just tries to antagonize me to the point of acting out towards him where he will call the cops If I ever do anything. Is this harrasment?

Garden Grove, CA -

Attorney Answers (3)

Rebekah Ryan Main

Rebekah Ryan Main

Divorce / Separation Lawyer - Rancho Cucamonga, CA

Domestic violence including things like harassing, stalking and “holding hostage,’ threatening, yelling and creating fear. The fact the he does not hit you really doesn’t matter.

You can get restraining orders, preventing him from behaving this was and making him move. You can also get custody orders, restraining him from communications that are bad for the kids like disparaging you, discussing adult business, yelling at you in front of the kids, etc.

Although many spouses react to divorce by refusing to cooperate, generally they usually come around. If you can afford it, hire a process server to get him served and if you does not respond, you can proceed by default.

Best of luck to you.

Attorney Rebekah Ryan Main – visit us on the web at www.Main-Law.com or call 909-891-0906 to set up a consultation.

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Hillary Johns

Hillary Johns

Family Law Attorney - San Diego, CA

No, he cannot stop you from divorcing him even if he doesn't sign any paperwork. California is a no fault divorce state. What does concern me from what you've described is, although there is no physical abuse, it sounds like there is plenty of verbal abuse going on which is certainly actionable. You can file for a restraining order right away and I would suggest that you do so. Get what they call a kick out order in the restraining order and he can move.

Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation of you. This post does not constitute legal advice and no attorney client relationship exists.

April D Jones

April D Jones

Divorce / Separation Lawyer - Greenwood Village, CO

In California you can file a restraining order against him and get a kick out order forcing him to move out of the home. He cannot stop the divorce. Get an attorney and also mental health counseling to get you and your family.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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No-fault divorce

A no-fault divorce is one in which all that is needed to end the marriage is a claim, by either spouse, that the marriage has broken down.

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