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California Divorce Questions & Answers
1 Answer | Asked in Divorce and Immigration Law for California on
Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?

My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More

James L. Arrasmith
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answered on Apr 30, 2024

In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More

1 Answer | Asked in Divorce for California on
Q: Do I file divorce under maiden or married name if I changed it on the marriage cert but never changed DL or SS?

When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate

James L. Arrasmith
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answered on Apr 29, 2024

In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for California on
Q: What happens if I am sued but I give up my green card and leave the US?

I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More

James L. Arrasmith
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answered on Apr 28, 2024

I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:

1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: To whom it may concern, I am in search of a pro bono attorney, to finish paperwork on a divorce.

Divorce case number: Dr 40718.

1) 1/2 of house done.

2) need to complete getting 1/2 of his retirement.

3) & 1/2 of the items in our home that was bought during the marriage.

4) 1/2 of his social security, being the first wife.

James L. Arrasmith
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answered on Apr 25, 2024

To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are... View More

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Social Security for California on
Q: I filed soc security as single, now I find I'm still married. Husband gets disability, also filed single. I want divorce

I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.

The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.

James L. Arrasmith
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answered on Apr 25, 2024

I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.

First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was...
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1 Answer | Asked in Divorce and Family Law for California on
Q: married for 44 years, filing a divorce from husband, retried & only receives social security can I receive spousal supp

Would I be able to receive spousal support?

James L. Arrasmith
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answered on Apr 22, 2024

In California, a spouse may be entitled to spousal support (also known as alimony) after a divorce, depending on various factors. Given the length of your marriage (44 years) and the fact that you are retired and receiving only social security, you have a strong case for receiving spousal support.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?

During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More

James L. Arrasmith
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answered on Apr 22, 2024

Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.

To file a Request for...
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2 Answers | Asked in Divorce for California on
Q: Where can I find a probono divorce lawyer
James L. Arrasmith
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answered on Apr 20, 2024

In California, finding a pro bono divorce lawyer might seem daunting, but there are resources available to assist you. You might start by contacting your local legal aid organization. These organizations provide free legal services to eligible individuals, and they often handle family law matters... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

Spouses can (and do) claim many things in divorce proceedings that lack any factual or legal basis. This may be one of those situations. You shouldn't concede this reimbursement or equalization, but I didn't think you would even if some attorney on a free online Q and A told you to do so.... View More

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: DVRO my husband told the all the Drs. he had a garage accident and now in the response he says I cut his eyelid?

I have no way to get his medical record or what he said to the dr. but he is saying the his response I hit him.

Can he just make that up?

James L. Arrasmith
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answered on Apr 19, 2024

In a domestic violence restraining order (DVRO) case in California, both parties have the right to present their side of the story and provide evidence to support their claims. However, it is not legal for either party to make false statements or fabricate evidence.

If your husband is...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: DVRO Ex talked about my dead parents first when in discussion. So I talked about his dead wife. summitted as evidence?

I have a recording of my husband talking about my dead parents. I sent him a text that talks about his dead wife. Now in the DVRO rewsponse he is complaining about it? How would you present that?

James L. Arrasmith
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answered on Apr 19, 2024

I understand this is a sensitive and emotionally charged situation. In a legal context like a Domestic Violence Restraining Order (DVRO) case, it's important to focus on presenting factual evidence that is directly relevant to demonstrating abuse or threats of violence.

Bringing up...
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1 Answer | Asked in Divorce and Family Law for California on
Q: SantaBarbara Co. I have docs to file in San Bernardino Co order for support spousal.

I “freeze up” w this process. I’m disabled cognitively. I need help/guidance. Divorce court has filled docs for me. But I don’t know where to start? I’ve rec’d conflicting info from each county/court. .

James L. Arrasmith
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answered on Apr 18, 2024

I understand that the process of filing court documents can be overwhelming, especially when dealing with a cognitive disability. Here are some steps to help guide you through the process:

1. Confirm the correct court: Make sure you are filing your documents with the correct court in San...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My ex husband put a tracking spyware electronics. I just busted him?

My soon to be ex called a google voice number that i signed up for and left alone for 2 days. He called it teice. His lawyer produced a document i would have never sent him. I have a bunch of mean text but how do i know i wrote them. Also some very important text have been wiped from my phone and i... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, it is illegal to install spyware or tracking software on someone's electronic devices without their knowledge and consent. This falls under the category of invasion of privacy and can be considered a form of stalking or harassment.

If you have evidence that your...
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1 Answer | Asked in Divorce and Family Law for California on
Q: can you help me find a statute or code that states that when community property is to be sold and the proceeds divided,

can you help me find a statute or code that states that when community property is to be sold and the proceeds divided, the parties have a right to use a licensed broker/dealer or neutral third party

James L. Arrasmith
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answered on Apr 18, 2024

Certainly, I can help you find the relevant California statute. The specific law you are looking for is California Family Code Section 2108, which addresses the division of community property. Here is the relevant excerpt from the code:

"In any case in which the parties do not agree...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

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answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
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2 Answers | Asked in Divorce and Family Law for California on
Q: I am married in CA my husband has married someone else in a different country. He has no idea I know. What can I do?
James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear that you are going through this difficult situation. Bigamy (marrying someone while still legally married to another person) is illegal in most countries, including the United States. Here are some steps you can consider taking:

1. Gather evidence: Collect any...
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