What should I do if my husband is about to file divorce against me? 4 Answers as of March 10, 2011

I recently found documents that show my husband is about to file for divorce. He has been acting weird and making changes but isnt aware i have made the discovery. He is attempting to not pay spousal support, we have son and have been married 13 yrs.I am barely recovering from his controlling ways and now work but he has always been the provider and control everything. Sounds dumb of me but I have no idea what we own or how much money he makes. I was told that he may have emotionally and psychologically abused me and now that I work he feels threatened. Can someone advise me of what right if any I have? What I make isnt enough to even have an attorney. I recently found out he has another woman whom he call his wife, and pays everything for her while I work for myself. What right do I have, can I accuse of fraud/abuse i am so stressed, feel deceived?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
You will be served with divorce papers. Within 30 days a response needs to be made by you. If you do not have money for an attorney go to the Facilitators. Each court has that service. Ask them to help you.
Answer Applies to: California
Replied: 3/10/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should search for an experienced Family Law Attorney who would be willing to take your case. Those attorneys are available. If you can borrow money from family or friends to fund the initial retainer, you will have a greater range of choices. You would likely be entitled to one or more awards of Attorneys fees, and due to the Elkins legislation that came into effect January, 2011, the Court is supposed to award fees sooner, instead of later. If your husband has been spending community funds (his income or other community funds) on his girlfriend, he has been violating his fiduciary duty to the community, and those funds should be recoverable through the court from him on behalf of the community (your share of community property is 1/2). Let your divorce lawyer guide you as to what needs to be done.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Your situation requires a consultation with an experienced Family Law attorney in your area. You have many rights. Among them are spousal and child support. If he has been that abusive, you should be able to obtain primary physical custody of your child. You can ask for a Family Code section 3111 evaluation. Your husband/ex-husband will not be able to deduct anything he pays for the other woman from his gross income for the purpose of calculating child and spousal support. File as soon as possible, so the Automatic Temporary Restraining Orders go into effect, though those are very unlikely to stop him from trying to hide income and assets. He has to give you last year's tax return and his past two months' worth of pay stubs. You can have the Court order copies of his bank statements, or subpoena them yourself. You can usually consult with an Attorney who works for the Courts, called a Family Law Facilitator, who will provide limited advice to you and help you fill out the forms. Not every courthouse, or County, for that matter, has one.

You can represent yourself in Court. You may be able to get an award of Attorney's Fees from the Court to allow you to hire an Attorney. Hopefully, you will have some idea of the accuracy and completeness of his Schedule of Assets and Debts when he serves it. You can demand that he do so. Ask the Court. Again, file as soon as possible. You can complete and submit a request for a fee waiver (forms FW-001 and FW-003) to waive the filing fee for the Petition and your Order to Show Cause. Did I mention that you should do it immediately? By the way, you can petition to be reimbursed for half of all the money he spent on the other woman, as they were gifts from the community without your consent.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
File the divorce in pro per, there are lots of self help clinics out there, file now.
Answer Applies to: California
Replied: 3/8/2011
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