no fault

[lorsco]

So I just get dumped on in California? After nearly twenty years of marriage, six years of unsuccessful infertility treatments, and in spite of my willingness adopt internationally, my husband is planning to divorce me for a young, Cuban --ie., anything to get to the US-- woman. We have no children.

He has been a real estate sales agent / part time college teacher and has no retirement, and his $20,000 savings account in his own name.

I have worked for twenty years and have substantial interest in the California's STRS.

Will the callous nature of my husband's action have any impact on a judge's decision on allocating my retirement as an asset?

Except for our home, which we own jointly, we have kept our money, debts, car titles, credit cards, etc. separate and in our own names only. Could I get this marriage annulled to protect my retirement?

 

[I AM ALWAYS LIABLE]

So I just get dumped on in California?

MY RESPONSE: Yes. California is a "No Fault" Dissolution of Marriage State. The courts no longer get involved in the "tit-for-tat" arguing and bickering over who did what to who. Fault is no longer a consideration.



Will the callous nature of my husband's action have any impact on a judge's decision on allocating my retirement as an asset?

MY RESPONSE: No. California is a Community Property State, and all assets and debts will be divided, presumably, on an equal basis.



Except for our home, which we own jointly, we have kept our money, debts, car titles, credit cards, etc. separate and in our own names only.

MY RESPONSE: In California, it makes no difference whether assets and / or debts are in the name of one spouse or the other. All assets and debts are subject to a 50 / 50 allocation.



Could I get this marriage annulled to protect my retirement?

MY RESPONSE: No. After a 20 year marriage, you do not appear to have any grounds for an annulment and, as stated above, your retirement fund is subject to Community Property allocation and division.

IAAL