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mujer

Junior Member
What is the name of your state? California

I have married for only four months and want OUT! He is verbally and physically abusive and I am not sticking around to become the next Laci Peterson!

I cannot afford an atty at this time...but what are my chances of collecting alimony and child support (I am 9 months pregnant). He owns his own law practice and house and I want to know what I can do support my child with his assistance). How much am I entitled to?
 


mujer said:
What is the name of your state? California

I have married for only four months and want OUT! He is verbally and physically abusive and I am not sticking around to become the next Laci Peterson!

I cannot afford an atty at this time...but what are my chances of collecting alimony and child support (I am 9 months pregnant). He owns his own law practice and house and I want to know what I can do support my child with his assistance). How much am I entitled to?
Wow, married for 4 months, 9 months pregnant; you never saw this coming??? You can kiss alimony good-bye, but there is child support. However, I caution you, if he is an attorney who demonstrates as much frustration in you as you do to him, he might use the system to fight you tooth and nail for the child.
 

BelizeBreeze

Senior Member
Based on your post you have only a few options, despite other responses.

1. DIVORCE. Alimony will not be granted. You are operating under the assumption that alimony is payment for service which it is not. Alimony is granted to place the aggreived party in the position they were in before the marriage. You are in the same position and will be after the divorce.

2. Child Support. Maybe, maybe not. It depends on if the child is his. While, legally, the child will be a 'child of the marriage' for purposes of the legal system, your soon-to-be ex can file a paternity action as a response to your divorce action and rely on the determination of that test on whether or not custody, support and/or visitation issues will be addressed at trial.

3. Restraining Order. DOUBTFUL. You have stated not one fact that would support the issue of such an order. And even if such was issued, you would be required to move from the residence since he is the owner. You can't use the legal system to take possession of property that does not belong to you.

So, unless you have some other place to live, you'd be playing a dangerous game.
 

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