California Divorce Questions & Answers

Q: What are my rights to write and file my own Declaration when my Attorney and I are at odds?

1 Answer | Asked in Divorce for California on Oct 10, 2014

Answered on Oct 18, 2014

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Gina Marie Famularo's answer
Why on earth would you not take the advice of your attorney, who, hopefully, has years of education and experience? If you have that little confidence in the expert YOU hired, fired him and represent yourself! If your attorney does not want you tout something in a declaration, it is probably because including the information is not in your best interest. Either follow your attorney's advice, find someone you can more fully trust, or represent yourself.

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Q: Has the california divorce paperwork for a summary dissolution been updated or changed in anyway since 2008?

1 Answer | Asked in Divorce for California on Oct 15, 2014

Answered on Oct 18, 2014

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Gina Marie Famularo's answer
You can go to the California judicial counsel website to download the most current forms. Many of them have not changed in years. Don't be surprised if 2008 is the most recent revision of the forms you are asking about.

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Q: I don't have money to pay for an attorney to handle my divorce. Do I have to do it myself? This is a terrifying thought!

1 Answer | Asked in Divorce for California on Sep 24, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
If you're spouse has money then the court can order him/her to pay for your fees and costs, including attorney's fees. If neither you or your spouse have any money, then you can go to a self help center at court and ask for free help and a fee waiver. They are not lawyers, they will only help you fill out the forms, and normally there are a lot of people waiting in line. If your spouse has money, an attorney MAY file the paperwork with a fee waiver and ask the court to have your spouse pay...

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Q: i live im calif amd have beem legaly married for 14 years but o i lived with him for 1,am i emtitle to amythimg

1 Answer | Asked in Divorce for California on Sep 28, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
It depends what the date of separation was, or if there is a date of separation. Date of Separation is a specific definition whereby both parties exhibit an intent to divorce, and do not intend to continue with the marriage. Any property acquired during marriage is community property. Marriage is from the date of marriage to the date of separation.

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Q: I inheirited a home, lived in it, sold it,with the proceeds bought a new home, is it community property?

1 Answer | Asked in Divorce for California on Oct 9, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
the home you inherited was your separate property. When you converted that home to money, and used YOUR money to buy a home during marriage, then he has a claim that the home is community property, absent written agreement to the contrary. If you wanted to keep it separate, you could of made him sign a post nuptial agreement. If you are thinking about a divorce, then you should hire an attorney and get advice in person. I would need more facts to give you a clear answer.

Don't...

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Q: Who has the custody for a 6 months old baby in Los Angelo's California between a Canadian father and american mother?

1 Answer | Asked in Divorce for California on Oct 11, 2014

Answered on Oct 14, 2014

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Edgar Diaz's answer
both parties have equal rights to the child, the court will make a determination as to who will have primary physical custody. Absent a court order,, both parents have equal rights.

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Q: if debt was accumulated prior to marriage but continued to grow during who is responsible for it?

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

Answered on Oct 14, 2014

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Edgar Diaz's answer
The interest that has accumulated from the principle debt that was acquired prior to marriage is still separate debt. Any new debt and interest on that new debt that was acquired during marriage is community. For example, if you had $1000 of credit card debt prior to marriage, and during marriage you never used that credit card but the interest added $250, for a total debt of $1,250.00, then an attorney would argue that all that debt is separate debt and only the spouse that incurred the debt...

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Q: I owned the home we lived prior to our marriage Is she entitled to any part of it? Durin marriage she did help with mort

1 Answer | Asked in Divorce for California on Sep 26, 2014

Answered on Oct 4, 2014

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Gina Marie Famularo's answer
If you never put your wife on title and the house was purchased before marriage, your wife could still have acquired a small interest I. The home under a Moore-Marsden claim. It is usually only a tiny percentage of the value of the home. Make an appointment with an attorney if you would like help calculating the amount of her interest.

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Q: My husband served me with divorce papers in 2008 but didn't finalize. I want to finalize now, how do I do that?

1 Answer | Asked in Divorce for California on Sep 29, 2014

Answered on Oct 4, 2014

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Gina Marie Famularo's answer
Even if you are not planning on hiring an attorney, you should probably meet with one to help you assess where the case is at. The answer to this question depends on where your case is in the legal process. There are numerous things that could have happened since 2008. Has the case been dismisses? We're you served? Have you been defaulted? Have you each done a preliminary and final declaration of disclosure? The list is virtually endless.

Seek the help of a professional to review your...

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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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