I was married 25 year the last 4 year we have been living separated now he has asked me for a divorce what are my rights

Asked 9/23/2009 under Personal Injury | 165 View(s) | More Legal Topics

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California is a community property state.  This means that in the divorce you will be entitled to half of all community property.  Community property will be any property that was acquired after the marriage began, with the exception of inheritances and gifts that would be separate property.  The fact that you have been separated for the last four years will probably have little effect on the divorce.  There is the possibility that his attorney will argument that the marriage ended four years ago when you were separated if there was never an intent to resume the marital relationship, but this will be a tough argument to make.  You should probably retain a family law attorney to help you out, especially if you and your husband have alot of assets. 

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