California Divorce Questions & Answers

Q: I divoce in Nevada week a go can I marry now in calfornia

1 Answer | Asked in Divorce for California on Jan 26, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
I don't know what Nevada's divorce procedure is, but I would guess that you need a judgment or decree of some kind signed by a Nevada judge before you are able to get married again. If you have such a judgment/decree, then you should be single. If you've just filed your case in Nevada, you probably aren't single yet. A lot of people in CA think that by merely filing their case, they become single. Getting divorced (in CA, at least) is a long process.

If you get married in CA while you...

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Q: I was married in costa rica in 2010 but i am gettin remarried next year do i have to do divorce papers here or in CR?

1 Answer | Asked in Divorce for California on Feb 25, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
Foreign marriages are recognized in California, assuming there was nothing wrong with the union (e.g. bride was forced, underage, etc) Thus, I would guess that under CA law, you are married which means you can't get remarried since it would be bigamous.

If you have lived in CA for at least 6 months and your county for at least 3, you can file for divorce in CA. You'd have to serve your Costa Rican husband somehow. It is possible you could do this through publication in Costa Rica....

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Q: I'm in ireland and I need to divorce my wife in california how do I divorce her

1 Answer | Asked in Divorce for California on Feb 21, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
You can't file for divorce in CA. CA requires that the filing spouse have lived in CA for the 6 months preceding the filing. Additionally, the filing spouse had to have lived in the county they are filing in for the 3 months preceding the filing. Your wife, however, can file for divorce in CA since she apparently lives here, provided she has met the 6 month and 3 month rules I just mentioned.

I don't know what Ireland law requires, but I'd see if filing for divorce there is a...

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Q: Divorce Judgement Case Number

1 Answer | Asked in Divorce for California on Feb 18, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
It may depend on the court, but I somehow doubt that after 30 years, the courts will have your divorce papers around any more. I've asked for divorce decrees from divorces that happened 20 years ago and have been told they were destroyed years ago. There are simply too many divorces for courts to retain copies of the files indefinitely.

Andy

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Q: I live in CA my ex moved to Indiana, filed for divorce, asking for attorney fees I can't pay. Should I file response?

1 Answer | Asked in Divorce for California on Feb 1, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
Yes, you should. If you don't file a response, then the court will only hear your ex's side of the situation. Not surprisingly, she will only include info that is helpful to her case and leave out anything that would help your case.

Andy

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Q: If I divorce my husband and he retired from job and gets a retirement check do I get half

1 Answer | Asked in Divorce for California on Feb 28, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
The answer will depend a lot on timing. If he earned the retirement pension during the marriage (even partially), then you should get part of it. It may not be half necessarily, but the part you get will scale with the number of years during the marriage counted towards earning the pension.

For example, if he had to work 30 years to get his check and you and he were married for the full 30 years, then you should get half. However, if he had to work 30 years to get his check and you and...

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Q: Do I need to fill out the marital settlement agreement if the dissolution is going into default?

1 Answer | Asked in Divorce for California on Mar 2, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
No. If he was served and didn't respond, you can file for default and proceed to finish the case without his input or participation. An MSA is for an uncontested case where your husband responds or appears, but does not disagree with you on anything.

Andy

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Q: I am the petitioner in my case. If both parties are in agreement what happens if I don't go to our court date?

1 Answer | Asked in Divorce for California on Feb 18, 2015

Answered on Feb 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have any upcoming court hearing dates, you or your attorney should attend them. To the extent you can reach agreement with the respondent (your spouse), you should be able to reduce it to a written signed stipulation and present the stipulation to the court. Be sure to consult your own attorney to protect your legal rights.

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Q: What can I do when the court that I received a dissolution of marriage through, now has no records of the case?

1 Answer | Asked in Divorce for California on Feb 19, 2015

Answered on Feb 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Ask the court Clerk whether the courthouse has an archives department and/or their old files are imaged. If you were represented by a law firm in your marriage dissolution, you can inquire whether that firm still has its files on this matter (although few firms would keep their records for 20 years). Be sure to consult your own attorney to protect your legal rights.

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Q: Divorse filed in Sept. I was served 5 mo later. She made no demands. I agree to all. Any way to start clock from Sept?

1 Answer | Asked in Divorce for California on Jan 23, 2015

Answered on Feb 18, 2015

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Gina Marie Famularo's answer
No. A divorce takes a minimum of six months. The time begins to run once the initial documents are filed and served. This does not mean that the parties cannot enter into a judgment earlier than that. It simply means the parties cannot remarry before the minimum six-month waiting period has elapsed. Even after the waiting period, entry of the judgment is not automatic. It requires the filing of court papers and the court’s signature on the judgment. Until the judgment is filed and signed by...

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Q: I have a property, I bought it before my marriage, if I get a divorced what will happen with the property

1 Answer | Asked in Divorce for California on Feb 10, 2015

Answered on Feb 12, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you purchased the property with your separate funds, never used community funds to make payments regarding the property, and you have not granted your spouse any ownership interest in the property, the property is your separate property. In case of divorce, each spouse holds on to his/her separate property. You should immediately consult your own attorney to protect your legal...

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Q: I want to buy him out of the house ownership, but the house was rebuilt without permits. Can I still do it and how?

1 Answer | Asked in Divorce for California on Feb 10, 2015

Answered on Feb 11, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you want to buyout your husband's interest, you can certainly do so. You will receive your husband's share of title in the property subject to any building code/permit violations. You may want to first get opinion of some professionals (realtor, architect, appraiser) so you understand the value of interest you are purchasing. Be sure to consult your own attorney to protect...

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Q: Dad didn't pay a trailer bill mom is getting sued for it.

1 Answer | Asked in Divorce for California on Feb 5, 2015

Answered on Feb 9, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If both of your parents signed for the purchase the trailer, both of them are jointly and severally liable for the bill payments. You should review the divorce settlement terms and make certain it says what you believe it says. If so, your mother has the right to sue your father to be indemnified for the moneys she paid on the bills. Be sure to consult your own attorney to...

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Q: How do I get a copy of a divorce degree in humacau, puerto rico

1 Answer | Asked in Divorce for California on Feb 4, 2015

Answered on Feb 5, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You have to contact the courthouse and see what you need to do to obtain copy of documents from their records. If they do not offer an option to place your order remotely (e.g., by phone, by mail, or online), you may have to go in personally and place your order. Be sure to consult your own attorney to protect your legal rights.

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Q: How do I succeed in divorcing an uncooperative abusive partner with Narcissist Personality Disorder?

1 Answer | Asked in Divorce for California on Jan 27, 2015

Answered on Jan 31, 2015

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Gina Marie Famularo's answer
If he is a professional, you should consider requesting the court order a vocational evaluation of Husband to determine his earning potential. If the court finds Husband has the ability to earn money, this will limit the amount of support you need to pay him. After completed, set the case for trial. Settlement discussions are worthless in this case.

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Q: What kind of lawyer do I need. I have very limited money for this and he has tons and tons of money.

1 Answer | Asked in Divorce for California on Jan 25, 2015

Answered on Jan 26, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry to hear about your situation. It seems like you need a divorce attorney. Since you were represented by an attorney in your case before, that attorney would be in best position to help you. You can also retain a new attorney, but your new attorney will have to take time to review the history of your case.

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Q: Received a divorce summons from Clark County, Nevada but I live in California. How do I answer this summons?

1 Answer | Asked in Divorce for California on Jan 22, 2015

Answered on Jan 22, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can retain an attorney in Nevada to represent you in the case. Alternatively, you have the option to represent yourself in the case. Be sure to consult your own attorney to protect your legal rights.

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Q: IF YOU ARE A RESPONDENT IN A CASE AND ARE FILING AN EX PARTE DO YOU FILE AS A RESPONDENT OR PETIONER

1 Answer | Asked in Divorce for California on Jan 5, 2015

Answered on Jan 5, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The case caption (e.g., John Doe, petitioner vs. Jane Doe, respondent) remains the same whether you are responding to the petition or you are bringing an ex parte application. Be sure to consult your own attorney to protect your legal rights.

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Q: Can I get an anullment when my husband did not disclose he knew he had Hep C prior to the marriage-?

2 Answers | Asked in Divorce for California on Jan 3, 2015

Answered on Jan 4, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

California is a "no fault" divorce state, which means one spouse can seek to terminate the marriage without having to prove the other spouse did a wrongful act. You should consider all options to save your marriage. After doing so, if you feel there is no choice but to end the marriage, you can petition for dissolution of marriage. Be sure to consult your own attorney to...

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Q: I am searching for a divorce lawyer. I'm on a disability pension from the State of California. My funds are limited.

1 Answer | Asked in Divorce for California on Dec 25, 2014

Answered on Dec 29, 2014

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Try contacting pro bono services such as the Legal Aid Foundation (www.lafla.org), and see if they can provide you assistance. If your divorce is not complicated, you may go to the local law library to find the relevant law practice guides and file your petition without an attorney.

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