California Divorce Questions & Answers

Q: We filed for and were granted a divorce. Both parties would now like to amend some terms of the MSA. How do we start?

1 Answer | Asked in Divorce for California on Feb 12, 2014

Answered on Feb 14, 2014

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Jacqueline Yvonne Blade's answer
Make a list of each issue you want to modify and how you want to change it. You can prepare a Stipulation with the modifications made, have both parties sign it and then submit it to the court for an order. It is wise to have an attorney review the changes first to o make sure neither one of you overlooked some important issue, and also to put the document in the the proper legal format.

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Q: I'm paying alimony to my ex-wife. Just found out she remarried 8 months ago. What can I do?

4 Answers | Asked in Divorce for California on Feb 12, 2014

Answered on Feb 14, 2014

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Jacqueline Yvonne Blade's answer
Typically remarriage by the supported spouse is an occurrence that terminates support. If that provision is in your Judgment you do not need to file anything with the court to stop paying. You can discontinue the payments. Carefully review the order before you do anything.

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Q: I'm paying alimony to my ex-wife. Just found out she remarried 8 months ago. What can I do?

4 Answers | Asked in Divorce for California on Feb 12, 2014

Answered on Feb 14, 2014

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Jacqueline Yvonne Blade's answer
Typically remarriage by the supported spouse is an occurrence that terminates support. If that provision is in your Judgment you do not need to file anything with the court to stop paying. You can discontinue the payments. Carefully review the order before you do anything.

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Q: My divorce attorney has dropped me. what do i do?

1 Answer | Asked in Divorce for California on Feb 23, 2013

Answered on Dec 7, 2013

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Zaher Fallahi's answer
Generally, a lawyer would not drop a client unless approved by court. He or she must go through certain process and determination as to how to protect the client's best interest and convince the court.Ask you lawyer for the reason, if you already do not know, and then contact a local family law attorney. Good luck.

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Q: How do I get paid half of my husbands retirement after divorce?

1 Answer | Asked in Divorce for California on Mar 27, 2013

Answered on Dec 7, 2013

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Zaher Fallahi's answer
That is done by court order. The court determines how to split the community property. Generally, 1/2 of each item, however, sometimes they may deviate from this rule by offering certain asset to husband or wife and another property of equal in value to the other spouse. There also three different ways of splitting the retirement plan and could become a bit complicated. Contact a family lawyer. Good luck.

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Q: Been married 4 years wanting divorce. No combined properties, bank account or kids. What do i do and how much costs?

2 Answers | Asked in Divorce for California on Dec 5, 2013

Answered on Dec 7, 2013

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Zaher Fallahi's answer
It is simple, but requires certain forms to be filled out and an appearance. If you can afford, retain a lawyer. Otherwise, contact the local bar for a pro bono lawyer. Legal aid services in your loaclity may help, as well. In Orange County call "Public Law Center", elsewhere, find out an organization doing such services pro bono. Good luck.

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Q: If i acquired a home from my parnt in my name only while married does my spose have claim

1 Answer | Asked in Divorce for California on Aug 6, 2013

Answered on Nov 23, 2013

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Zaher Fallahi's answer
If you "acquired" means that she changed the title to your name, this reason should be explored. If she wanted to do that as a gift, this may be "transmutation" and yours, depending on the circumstance; the size of the community property, the value of this particular property, conditions under which she transferred the property in your name; such as escape her creditors, how long ago this occurred, .... . Please consult a lawyer and provide more detailed facts.

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Q: Do I have the right to view my soon to be ex-wife personal back account . She opened this account without my consent

1 Answer | Asked in Divorce for California on Oct 21, 2013

Answered on Nov 22, 2013

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Zaher Fallahi's answer
If she used the community property money to open the account, this is a community property (50% yours) and you may review the account. If she put her earning in a "deposit account", this arguably may be her separate account. Provide more facts to a local lawyer to get a better analysis and conclusion.

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Q: I am not divorced, but living apart. I have been receiving money for living expenses. Is that money already alimony?

1 Answer | Asked in Divorce for California on May 1, 2013

Answered on Nov 21, 2013

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Zaher Fallahi's answer
No. Alimony is decided by court at the time of divorce and designated as such. You are a married person and the funds you receive do not count as alimony.

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Q: Was Married in 2005, been Separated since Feb, 2013. Altogether we were together 7 years. What am I entitled to?

1 Answer | Asked in Divorce for California on Jun 6, 2013

Answered on Nov 21, 2013

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Zaher Fallahi's answer
In California, property acquired during marriage is community property and each spouse is entitled to 50% of it, unless a valid prenuptial agreement makes them otherwise; each keep his or her earning as separate property of the earning spouse. Therefore, you will be entitled everything earned by the other spouse during the past 7 years, indulging improvement a property, making mortgage on a property, pension, savings, etc.

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Q: My husband and I have seperate pensions. If we divorce, am I entitled to have his?

1 Answer | Asked in Divorce for California on Jun 27, 2013

Answered on Nov 21, 2013

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Zaher Fallahi's answer
Courts in California use the time-line for retirement plan. If earned during marriage, it is community property and splits 50-50, unless the court award a comparable assets to they other spouse. This law applies to bot retirement plans. A portion earned prior to marriage or after separation is separate property and belongs to the earning spouse. A valid prenuptial agreement keeping such asset as separate asset, may result in a different outcome.

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Q: Can a domestic partner file for a dissolution of domestic partnership when one partner moves back with their ex-husband

1 Answer | Asked in Divorce for California on Oct 22, 2013

Answered on Nov 21, 2013

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Zaher Fallahi's answer
A California Domestic Partnership may be terminated in two ways. If the following terms are met:

1) No interest in real estate, including renting a property;

2) None of the partners is pregnant;

3) No children;

4) Relationship lasted less than 60 months

6) You both lived in California for at least 6 months;

7) Some other conditions;

File “Notice of Termination of Domestic Relationship” with the Secretary of State.

Otherwise, must file...

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Q: Can I re-open my divorce settlement?

1 Answer | Asked in Divorce for California on May 2, 2013

Answered on Nov 21, 2013

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Zaher Fallahi's answer
You may, based on fraud or mistake. Suppose, you settled and years later for the first time discovered the other spouse had an asset that was community property. Then you can petition the court to reconsider the settlement and distribute the newly discovered asset.

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Q: Can my wife take half of my retirement if we divorce

1 Answer | Asked in Divorce for California on Aug 28, 2013

Answered on Nov 21, 2013

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Zaher Fallahi's answer
Courts in California use the time-line for retirement plan. If earned during marriage, it is community property and splits in two, unless the court award a comparable assets to they other spouse. A portion earned prior to marriage or after separation is separate property and belongs to the earning spouse. A valid prenuptial agreement keeping such asset as separate asset, may result in a different outcome.

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Q: How much for a quick and easy divorce

1 Answer | Asked in Divorce for California on Nov 5, 2013

Answered on Nov 21, 2013

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Zaher Fallahi's answer
I did one pro bono divorce in about 6 months. Luckily for my client, the spouse was tied up literally. He was in jail and took a while to serve him.

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Q: Is my future ex husband responsible for my medical bills? Considering not legally divorce yet.

2 Answers | Asked in Divorce for California on Sep 11, 2013

Answered on Oct 17, 2013

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Tina Tran's answer
If I am understanding your question correctly, you are filing a response to your spouse’s petition. If your spouse has misstated information in his petition, be sure to address the misstatements in your response. There is no need to make corrections on the face of his petition as it has already been filed with the court.

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Q: Divorce - paid my father's mortgage during marriage

2 Answers | Asked in Divorce for California on Sep 25, 2013

Answered on Oct 17, 2013

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Tina Tran's answer
California is a community property state. Upon divorce, each spouse is entitled to half of all property acquired during marriage. This applies to income earned during marriage, as well as debts and obligations incurred. Various factors may still exist that may protect your rights to the reimbursed money contingent upon your specific situation. I recommend that you seek the advice of an attorney to assure that your rights are protected.

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Q: Am I elegible to receive benefits from my ex-husband which we were married for 15 years. We have four children grown up

2 Answers | Asked in Divorce for California on Sep 16, 2013

Answered on Oct 17, 2013

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Tina Tran's answer
California is a community property state. All property acquired during marriage is considered part of the community estate and must be equitably divided at divorce. This applies to retirement assets acquired during marriage. The amount you are eligible to receive depends on numerous factors such as the amount, the number of years earned during marriage, the number of years earned in totality, and the source. If possible, I recommend that you seek the advice of an attorney to assure that your...

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Q: My husband wants a divorce, but is working in another country. How can I serve him papers?

1 Answer | Asked in Divorce for California on Oct 9, 2013

Answered on Oct 17, 2013

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Tina Tran's answer
Serving an individual in another country is a complicated issue. Specifically, international treaties may apply, and some countries may object to certain methods of service. Thus, the method of service will depend on the country of service. I understand that finances may be of concern; however, if possible, I recommend that you seek the advice of an attorney to ensure that your items are properly served and that your concerns are addressed. The consequences of inadequate service may have a...

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Q: My wife is leaving me, do I need a divorce lawyer?

2 Answers | Asked in Divorce for California on Oct 12, 2013

Answered on Oct 17, 2013

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Tina Tran's answer
Although it is possible to divorce without an attorney, it is beneficial to seek the assistance of an attorney to assure that your rights are protected. Specifically, an attorney has experience in negotiating issues such as property division, spousal support, and child custody. Also, an attorney will save you the trouble of familiarizing yourself with California divorce laws and procedures by filing petitions and motions on your behalf.

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