Pittsburg, TX Divorce Law Firms & Lawyers

In California, a debt incurred after date of marriage is a community property obligation. That principal would be strong in your case as the funds from the loan went to purchase a vehicle for husband #2 after your marriage to husband #2.? An important fact would be the terms of your divorce judgment with husband #1 - husband #1 appears to be 50% liable for the first deed of trust (mortgage) and husband #2 would be?50% liable for the equity line. Husband #2's liability may well be 100% if he is awarded the truck that the equity funds were used to purchase.

Yes, you can file an emergency motion for continuance at any time, including three days before your trial begins.  You will need to describe in detail the emergency and support the factual allegations with an affidavit or declaration.The fault issues and domestic violence issues should be raised in your pleadings and do not need to be raised in the motion unless they are germane to the emergency requiring a continuance.  To be clear, only learning recently that you have grounds for a fault-based divorce based on past conduct you witnessed or experienced does not constitute an emergency.  Past domestic violence that you experienced or witnessed, similarly, does not constitute an emergency.An example of a good ground to support an emergency motion for continuance might be that you have recently been hospitalized and do not expect to be released from the hospital before your trial is scheduled to begin.  If you have been hospitalized because of a recent domestic violence incident, then that incident would be germane to the emergency.

A protective order won't start the divorce. You have to file a petition for divorce. A court will make temporary order to address the property and child support and possibly spousal support while the divorce is pending.