Wednesday, September 7, 2011

AM I OBLIGATED TO SIGN DIVORCE PAPERS IF I DON'T WANT A DIVORCE?

QUESTION: My husband wants a divorce, but I don’t. We have a house and other assets. He just took a $20,000 loan out from his 401K. I asked for half of that $20,000, and he responded that if he gives me half, he doesn’t have to pay for my attorney. We also have a 14 year old daughter. I'm scared of what he might do to her alone. Do I have to sign divorce papers?

MY RESPONSE:

You should at least consult, if not retain, an experienced Family Law Attorney to represent you in the divorce.

If you have reason to be scared about your daughter's safety with your husband, address that matter to the attorney.

You shouldn't be the victim of your husband's intimidation.

Don't bury your head in the sand and allow your husband to "do it" to you.

Participate in the divorce - if your husband files a divorce, you don't have a choice as to whether or not there will be a divorce.

You should timely file and serve your Response, so that your participation won't be barred by a Default being entered against you.

You are entitled to 1/2 of the net community property, and if your husband earns more than you do, you are likely entitled to an award of at least some of your attorney's fees.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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