California Divorce Law re: Finances?
Does anyone out there know if you are legally married but have never lived as husband & wife what the law is regarding finances? I am curious to know, if for example you never lived as husband and wife (my ex is in prison our whole marriage) and you say win money. Would that dead beat by law have rights to it? He never supported our son for the 14 yrs of life, has been incarcerated probably 13.8 yrs of my sons life. I haven’t lived with him during this so called marriage. Now if by the grace of God I won money, and I know he would try to get 1/2 even though he NEVER contributed to the marriage, child support etc. Would our courts actually find that he is entitled to any of the money? I know our laws are pretty messed up! I would think that he shouldn’t get any money since we never lived together, nor did he contribute to the finances during the marriage. (I financially can’t afford a divorce right now!) No sarcastic comments please!
I tried to get child support but our sorry laws don’t allow you to file against an incarcerated person, nor do they allow them to accue while incarcerated. So if I had an order, the courts stop the order when incarcerated. Yet I don’t stop supporting our child.
I KNOW how shitty the laws are. I just think that if we’ve never lived together, he’s never supported nor contributed to the marriage then he not receive a dime! I will look into that website re: the free divorce and file. I can see if we lived together during the marriage and he contributed to supporting the family, then yes, he should receive a portion depending on the amount of time. This is just a question. Thanks for all the great answers.
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Brandy - as a general rule under CA law money would be split 50-50, however there are some unusual circumstances in your relationship that makes me thing they would not apply in your case. I am sure you could talk a lawyer for a free consultation on this matter. I am not familar enough with CA law to give you a difinative answer - however I am versed well-enough in divorce legalese to know that there are exceptions to every rule.
Good Luck!!!
if you can prove you been separated i don’t think he is entitled to anything, you know their are web sights that you can do you own divorce for free, it called ezlegalfile.org they fill out the forms for you on line and you print them make copies and file them at the court house. and if you are low income the court fees are free also.
From Cali and have been divorced in Cali.
He DOES have the right to half of the money.
Because you never divorced him…you cannot collect PAST child support. Which was the only way you could get your money back. If you cannot afford a divorce now…it must not be that much money. SPEND IT!!!! Put it into a savings account for your son. If he files for divorce…drag it out until the money is gone.