i am filing for a divorce!!!!!can someone help with legal questions?

Question

1.)how do i freeze a 401k plan?2.)am i intitled to spousal support?3.)she filed a domestic violence case against me.does that hurt my chances of getting joint custody and child support?4.)she had the court file a no contact order,and then had both of my childrens cell #s changed so the only way to contact them is through her.if i do call and ask to speak to them i will violate the order.i know that i have rights,but where do i look for them?i know i am intitled to spousal support because i sold my business in alabama to further her carrier as a nurse in california,and we have been married over ten years.i cannot afford an attorney so i will be going to a self help program.how good are they and what are some thing that i need to ask,and look out for?

Answer 1

You can't afford an attorney?? Hell, You can't afford to NOT have one. Get a good one and make payments otherwise you stand a chance of losing everything. Good-Luck.

Answer 2

As someone who has been divorced, I can't urge you enough to hire an attorney. Try and find one that would be willing to work out some sort of payment plan. I did, and it was well worth it.

As for freezing a 401K, you should consult the person who handles your 401, they will be able to answer all your questions.

As for the domestic violence issue, without knowing the details of that case it's difficult to judge how that will affect your joint custody case. In relaity, you shouldn't get your hopes up about joint custody. However, if a judge see's it as a case of your ex- being trying to make you look bad you may have a chance.

I've never had to deal with a no contact order. It sounds like the no contact order is for you to not contact your kids. I would speculate that if a judge ordered a no contact order, there was probably a good reason.

There is a term called parental interference. Essentially it would prohibit your ex from not allowing you to see your kids, but a no contact order probably doesn't help.

If you go to a self help program for domestic violence that will make you look good, but just don't expect too much, the legal system already biased againt us single dads.

Again, I can't stress enough how important is for you to find an attorney. I didn't have the money either, but my mom helped me find one, it was the best 3,000 I ever spent.

Answer 3

Spousal support and child support are two different things, so keep that in mind. There are several advocacy groups out there to help fathers trying to maintain custody of their children, since often times they get the short end of the stick in court. You can find them just by doing a search for father rights advocacy or similar. There are two specifically in CA that are pretty big firms. You really can't afford to not get an attorney, especially if your current situation with your ex is as you say. I agree that counseling would be a good start given the domestic violence charges, especially if there is any truth to them.

ETA: Jillary is incorrect, Joint custody does NOT mean nobody pays support. Joint custody with joint placement - meaning both parents have the kids equal amounts of time - might mean that. You can have joint custody, and not have primary placement and still pay child support. My husband and his ex have joint custody - meaning they share all decisions and have equal rights - but his ex has primary placement meaning the child lives with the mother more time of the year than with the father - and we pay child support.

Answer 4

Geeze... What did you do for her to do all this?
2. You may be entitled to spousal support, but that will all depend on who gets custody of children.
3. Domestic violence does not look good at all and it wil hurt your chances of getting joint custody, which in return will screw your chances for question #2.
4. Courts will always favor the mother no matter what.

You may want to seek counseling, so that courts see you are trying to get better and they may consider joint custody. If you have any proof that you are a good father, ex: taking kids to dr or picking up from school or stuff that men usually do not do, like helping the mom, then you might have a case.

Good luck...

Answer 5

1)you cant freeze a 401k, only compaines can

link:http://www.money-zine.com/Financial-Planning/Retirement/401k-Retirement-Plan/

401k Rollovers
The days of lifetime employment are over and moving from company to company is commonplace today. Most plans allow you to continue to manage your 401k after you've left, but some companies "freeze" your plan. That's why it's good to know about 401k rollovers and the rules you need to follow to avoid a tax penalty.

If your former employer can help you with a direct rollover, that helps you to steer clear of any problems. But if you're thinking about managing this process yourself, just be aware that there are some timing limits with a rollover payment to an individual.

2)Spousal support is there only if shes making more than you (laid off, termination of employment)

3)Domestic violence complaints vary in each state, depending which state your in, and how the judges are, you may have a hard time getting it

4)She basically wants to sever ties with you and do the same for the children, her game plan is to get sole custody.

As for the rest of the information, you need to contact legal aid in the state your in, so they can assist you. Since you cannot afford an attorney, legal aid could possibly direct you in the direction. No lawyers work pro bono, especially in divorce cases (but since yours hinges on the criminal with the restraining order) you could get help. good luck man.

Answer 6

You basicly don't freeze a 401 K, unless you make a motion with the court to freeze it pending division of property.

No one is entitled to spousal support it is something you will have to prove to the judge you deserve

Yes esp if domestic violence charge is not dismissed or you are found guilty

to get child support you have to get physical custody of the children, at this point you do't have that custody.

I would say if she has an attorney and you don't, your chances are not good.

I know not what you want to hear but I don't answer to get picked best, I answer what really happens in life

Answer 7

You can't afford to *NOT* hire an attorney at this point. I don't mean to discourage you, but the situation as you describe it sounds rather serious. You could very well end up losing custody of your children entirely.

You should contact the State Bar Association where you reside and ask them for referrals to a free or low-cost lawyer. You absolutely MUST have legal representation, or you are going to get taken to the cleaners by your soon-to-be-ex-wife. Many lawyers will offer assistance at either no cost or on a sliding scale (based upon ability to pay) in matters like this, and quite frankly, you'd be VERY foolish to attempt to handle this legal mess on your own.

Good luck.

Answer 8

Hopefully, you have a public law library at your local courthouse. Do not be afraid to ask the library staff where to find the book that outlines your rights. I do not know how it works in CA, but in VA, I filed all my own paper work (bill of complaint was the first), and over all, spent about 500.00 before it was said and done.

Answer 9

you had better get an attorney even though you cant afford one. it sounds like she will take you to the cleaners with that domestic violence case against you. and yes, she can get part of your 401k plan.

Answer 10

with the charges against you and a no contact order... you need an attorney... even if you can't afford it.. right now she is calling the shots.... and you are standing there like roadkill... she will screw you if you don't get someone to help you