Custody and Property Division in a Community Property State

[phamphan]

My question involves divorce in the State of: California

my daughter married the guy for 8 years but he has problem to intimate to her and refuse to have sexual relationship. During that time, my daughter got pregnant through sperm donor from him and they have one son. However, the married became roomate with no relationship. She was working but now went back to school, stay in the same house and share duty to take care of their son. The husband had two houses and a good job. Now, she wants out as she is young to endure with this kind of roomate not husband and wife relationship.

The question is: if they divorce, will she get half of his property? will she has the son even she does not have a job? Can he use any reason for not give her anything? Please advice.

[Mr. Knowitall]

She would have a claim to half of the community property, and may be able to build a case for more. She would be able to petition for custody; if the father also wants custody they will have to either settle or litigate the issue. She should have a divorce lawyer analyze her situation.

Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.