What is the name of your state (only U.S. law)? California
Okay I will make this as short as possible. My mother (almost 50 years old, married for just under 5 years) is divorcing her husband. They have no children or anything. My mom (a homemaker, never really worked or anything) married this man and moved into his house several years ago with virtually no possessions of her own. After slowly finding out he is a drug addict (methamphetamine) she has finally decided to attempt to divorce him.
This as you might imagine, has not turned out very well for her. He has all of her possessions (household stuff, family heirlooms, childhood pictures, etc) and also took possession of the car he gave her years back. So in essence, she is stranded at his house, with no money to her name (he controlled all finances, she wasn't on any accounts), and no access to her possessions. We spoke to an attorney and are drastically attempting to dig up $4000 for a retainer to get her a legal help, however this is not a 24 hour process. She is not willing to leave the house because she does not feel she is in physical danger and is not willing to part with the only possessions she owns. I live 500 miles away and have told her to come stay with me but she refuses until she is able to get her stuff and at least start the divorce proceedings. He has not served her divorce papers, and she does not want to in fear if SHE is the one who serves him she will not be entitled to legal assistance from their divorce proceedings.
Just looking for information anyone can provide regarding California divorce law. Obviously she seems kind of screwed from a legal standpoint, but does anyone have any options for her, aside from telling her to run away, which she has explicitly stated she is not willing to do without her stuff? She signed a prenuptial agreement before the marriage, but if I am correct this only covers stuff BEFORE the marriage? She is entitled to at least a percentage of stuff that is after their marriage date? I'm trying to find out what her options are, if she will have to just give up everything and move in with me or if she could possibly be entitled to spousal support or some sort of compensation from the divorce?
Okay I will make this as short as possible. My mother (almost 50 years old, married for just under 5 years) is divorcing her husband. They have no children or anything. My mom (a homemaker, never really worked or anything) married this man and moved into his house several years ago with virtually no possessions of her own. After slowly finding out he is a drug addict (methamphetamine) she has finally decided to attempt to divorce him.
This as you might imagine, has not turned out very well for her. He has all of her possessions (household stuff, family heirlooms, childhood pictures, etc) and also took possession of the car he gave her years back. So in essence, she is stranded at his house, with no money to her name (he controlled all finances, she wasn't on any accounts), and no access to her possessions. We spoke to an attorney and are drastically attempting to dig up $4000 for a retainer to get her a legal help, however this is not a 24 hour process. She is not willing to leave the house because she does not feel she is in physical danger and is not willing to part with the only possessions she owns. I live 500 miles away and have told her to come stay with me but she refuses until she is able to get her stuff and at least start the divorce proceedings. He has not served her divorce papers, and she does not want to in fear if SHE is the one who serves him she will not be entitled to legal assistance from their divorce proceedings.
Just looking for information anyone can provide regarding California divorce law. Obviously she seems kind of screwed from a legal standpoint, but does anyone have any options for her, aside from telling her to run away, which she has explicitly stated she is not willing to do without her stuff? She signed a prenuptial agreement before the marriage, but if I am correct this only covers stuff BEFORE the marriage? She is entitled to at least a percentage of stuff that is after their marriage date? I'm trying to find out what her options are, if she will have to just give up everything and move in with me or if she could possibly be entitled to spousal support or some sort of compensation from the divorce?
