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Divorce and property settlement in California

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starriiss

Junior Member
What is the name of your state? California

Mom(52)and Dad(67) are in process of settling property settlement.They were married for 20 years and have five kids.Two step from mothers side and three within marriage.Dad worked and mom stayed home to take care of kids.She has no work history or experience and does not speak much English(primary language is Spanish). Dad speaks very little spanish and fluent in English. They had a very rocky marriage with many disagreements.Mainly due to language barrier.Mother moved out of bedroom and moved into youngest daughters bedroom.She started to leave for weekends with family due to the increasingly difficult situation at home.Dad became withdrawn and recluse,mean and rude. He told her if she ever left him,he would take the kids and she would not see them.He did not allow her to work as it would cost him money for childcare he wasn't willing to pay for.As the sole provider he controlled all money flow and purchases.He opened credit cards for her to charge things for the house and kids.At the end of the week he would deduct anything he didn't feel met this criteria from the cash he gave her to spend.Mainly things like food for the kids.Mom fell into a deep depression because of her existing situation.She is also an asthmatic with allergies.The prescriptions her doctor gave her were extremely strong and she is a small,fragile woman.Dad ignored her for a long time(couple of years) and she mostly slept during the day due to intense allergies that were caused by the renovating of the house and the dust.Finally her doctor told her,if she didn't get out of that house and out of that situation,she would die.She left off and on for a couple of years.She would stay as long as she could before things got bad.The kids stayed at home with Dad.Finally dad found a new girlfriend and filed for divorce.At the same time before mom could get representation.He filed a restraining order against her,to keep her out of the house.Mom became homeless and had to move with relatives.Her first lawyer didn't speak any Spanish and didn't take her seriously.Since dad had been her only source of income,she had none and had to find legal help with nothing.This lawyer did not ask for temporary spousal support to help her get situated with a roof over her head.And he did not make any attempt to contact her regarding the restraining order.Finally he was dismissed and the court had to keep setting other court days for her to find legal representation.Moms family banned together and took her in and helped her get an attorney who speaks spanish. Dad had offered a settlement initially,but has modified it.Asking for compensation for child support and 63,000 of which he claims his payed for college tuition for two kids.Which is an inflated estimation,but mom does not have the money to investigate it further.Dad owns his own company,which he started while he and mom were still together.But his lieing about the separation date to keep his company out of it.Mom has no access to evidence because he has a restraining order on her to not enter the house.Even though all her stuff is here except for the things he packed up and half thru out and the other half dropped off at relatives house.Mom is in her fifties and has no social security or pension or job experience.She is a chronic asthmatic who needs life saving medication. And she speaks very little English if any.Her current attorney seems to also want to rap this up as soon as possible.He sent dad, moms settlement terms and dad denied all of them.With dad it's his way or nothing. We have come to the last settlement date before the trial date.And moms attorney seems to be encouraging her to take what she's given.Even though dad plans to trim another 25,000 from the offer due to stock hardships and changes.All the community property dad is listing is two cars and a house in renovation valued at 540,000.He has many stocks and bonds,many purchased before and during his marriage to mom.He has listed them as separate property.And he will have to take out a mortgage on the house which is paid for in full and was bought before the marriage.Also,mom still has creditors after her for the credit cards dad opened for her during the marriage but refused to pay. Can you tell me anything useful that could help mom? Or at least what she should agree to do? Her options are Settle or go to trial,which will be very difficult due to money and lack of evidence.Any advice is greatly appreciated.What is the name of your state?
 



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