QUESTION: My husband wants a divorce but I will like to try and work on our marriage. If he is set on having a divorce. How can I protect myself and our son financially? He has indicated he wants nothing to do with raising our son. We both are employed, but it would be difficult for me to keep our home with just my income.
MY RESPONSE:
If your husband chooses to divorce you, he can do so, based on "irreconcilable differences", notwithstanding your desire to work on your marriage.
There is no "generic" way for me to advise you how to financially protect yourself in your divorce other than recommending that you retain an experienced Family Law Attorney to represent you in your divorce, and that you immediately consult with and interview experienced Family Law Attorneys to enable you to choose a competent attorney who you feel comfortable with to represent you in your divorce.
If your husband chooses not to spend time with your son, that would serve to maximize his child support obligation, since child support is based on his income, your income, and his percentage of custodial timeshare.
Without information regarding your and your husband's incomes, I can't determine whether or not you might qualify to receive spousal support.
If you qualify for child support and/or spousal support, you may or may not have sufficient income to afford to pay the house expenses - if the house is awarded to you.
Whether or not you could receive the family home in the divorce would depend at least in part upon whether there are sufficient assets to award to your husband to equalize his community share of the equity in the family home, or whether you can qualify for a loan to pay off his community share of that equity (and pay the payments on that loan as well as your other costs of living).
If your husband is willing to stipulate to an order deferring the sale of the house and division of its net proceeds until your son graduates from high school, that may facilitate your staying in the house with your son until that event, if you can afford, with your income and child support and spousal support to live there and pay your costs of living.
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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