California Divorce Questions & Answers

Q: how many times can you cancell court judgementt

1 Answer | Asked in Divorce for California on Nov 4, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
I'm not sure what you mean by cancel a court judgment. "Cancel" has no legal meaning in this context.

Andy

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Q: I'm not named on lease, husband filing divorce, gave 30 day notice to landlord. I have no place to go. do I have rights

1 Answer | Asked in Divorce for California on Nov 18, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
You can seek temporary spousal support for the duration of the divorce proceedings. Since your marriage was relatively long, it is possible you could ask for permanent spousal support (i.e. alimony) as well.

Temporary spousal support is designed to prevent the very situation you're describing -- one spouse earns all the money and one day decides to file for divorce and chuck the other spouse in to the street with no means to support themselves.

If there are children in the...

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Q: Car daughter's before marriage. After totaled and replaced w/ins. Dau only on titles/ins. Separate or marital property?

1 Answer | Asked in Divorce for California on Nov 20, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
I'd say the second car is separate because it was bought with the proceeds from the first car. In law, the fact that something is sold doesn't change the character of the item -- in other words, the first car was separate b/c it was from before marriage. That means the insurance payout is, most likely, separate. When the insurance payout was transformed into the second car, the second car became separate as well even though it was acquired during the marriage by some means other than gift,...

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Q: Before my settlement conference in 8 weeks, can I submit a letter to the judge disclosing several undisclosed issue's?

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

Answered on Nov 28, 2014

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Andy Chen's answer
A lot of self-represented people think writing a letter to the judge will work. In my experience, very, very, very few judges will bother to read this. This can qualify as an ex-parte communication too so judges, by law, cannot read letters only one side writes to them.

What you want to do instead is get back on the status conference calendar in this judge's courtroom and bring these issues up. It sounds like there might be a lot of issues unresolved, some of them (e.g. removed from...

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Q: How do I get a divorce if I have no contact with the person I'm married to?

1 Answer | Asked in Divorce for California on Aug 21, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
I'm not sure what elopment means legally as I've never encountered anyone who did it. If you got married to the Turkish student, then your current marriage is bigamous and, thus, invalid. If it you are seeking a divorce from the Turkish student, then it leads me to think you did get married.

Getting a divorce in California is actually not complicated that much by the fact that you've had no contact with the other spouse. You need to make some effort to find him in Turkey. Look up...

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Q: what is my ex-wifes attorney allowed to do with my supoened bank statements?

1 Answer | Asked in Divorce for California on Jul 30, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
It depends on the reason why the bank statements were subpoenaed. If the use is relevant to the case, then I would say the attorney is allowed to do it. If you are worried about overuse or the attorney sharing the statements with others, you can ask the judge for a protective order that will specify just what exactly the allowed uses will be.

Andy

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Q: I got married in california but me and my wife got deported. How can we file a divorce.

1 Answer | Asked in Divorce for California on Jul 14, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
You can't file for divorce in California because neither you nor your wife live here. California has very strict residency requirements you have to satisfy before California will do your divorce. You'll have to get divorced in Mexico and abide by whatever the divorce laws and procedures are there.

In California, at least, you don't have to get divorced where you got married. I do divorces in California and have had clients who got married in other US states besides California as well...

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Q: My ex and I want a divorce and have already separated property he lives in N.D. and I live in Ca. we are both getting

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

Answered on Nov 26, 2014

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Andy Chen's answer
You still have to do the 6 month waiting period. If there are no assets, the two of you agree on everything, and have already separated stuff, then the divorce is just a formality really. It will just depend on how quickly you can get the papers filed and processed. The time it takes depends a lot on the county you are in. Big counties take a while because there are more cases. Smaller counties can be faster.

Andy

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Q: She filed for divorce in 2006 and we still are not divorced and have not settled the property. What do I need to file?

1 Answer | Asked in Divorce for California on Sep 8, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
It depends on whether your case is still active. Cases are supposed to automatically expire after 5 years of inactivity, but I have seen some cases stay open for longer. It depends on the courthouse, I think. It is probably easier for you if the 2006 case expired because you could file a new case as the petitioning spouse. That way, you can control what happens when instead of relying on her since she appears to be dragging her feet.

Andy

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Q: Filed for divorce, have to find a new place to live, if i buy a home before divorce is final, will my ex own it too?

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

Answered on Nov 26, 2014

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Andy Chen's answer
It depends on how you buy it. The date of separation is the key date for deciding what is community property and separate property. However, if you sold a community property asset (e.g. house you bought during the marriage that the two of you paid for together), the money you get is still community. If you take that money and spend all of it on a new house, then your ex will own that house because you used your ex's money to buy part of it.

However, if you take the money from selling...

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Q: I'm Married in Mexico but live in the US. Seperated from my husband who was deported to Mexico. How can I get a divorce?

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

Answered on Nov 26, 2014

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Andy Chen's answer
You file a divorce like you normally would if he lived in California. The fact that he is in Mexico only makes service of the divorce papers more difficult. If you know where he is in Mexico, it is only marginally more difficult. If you don't know where he is, you might have to do service by publication, which can be easy or difficult, depending on the situation.

Andy

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Q: Do I need a lawyer to file for annulment in California, and what is the average fee in Solano county

1 Answer | Asked in Divorce for California on Oct 18, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
You don't need a lawyer to do an annulment, but I would recommend one. Annulments have very specific requirements and are hard to get generally. The court will charge you a filing fee (~$435) to begin your case if you don't qualify for a waiver. Each lawyer sets their own rates. Most lawyer rates are in the triple digits (e.g. $200/hour) at least.

Andy

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Q: Married in 2003 been separated and living in different states for nine years. On can we divorce quickly?

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

Answered on Nov 26, 2014

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Andy Chen's answer
There is no way to push a divorce to the front of the line or make it go quicker. By law, a divorce in CA has to take at least 6 months and a day. The actual time it takes depends a lot on the county you are in -- in small counties, divorces are faster (~6 months) while in bigger counties, divorces are slower (~10 months).

The best way to make your divorce take less time is to make sure all forms are filled out properly the first time and that both parties are in agreement.

Andy

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Q: if u married someone from the states an you and her hve some difficulties an she stop taking ur calls an dont wnt to tlk

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

Answered on Nov 26, 2014

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Andy Chen's answer
In California, if you want to divorce her you can. She does not need to consent to the divorce. It is probably easier if she doesn't consent.

Andy

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Q: I want to subpoena my husbands loan application for his car. Is it consumer (ccp 1985.3) or business record?

1 Answer | Asked in Divorce for California on Nov 19, 2014

Answered on Nov 26, 2014

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Andy Chen's answer
I am not sure why this definition is important for your purposes. If you want to subpoena something, fill out the subpoena form and explain why the loan application is relevant to your case and why you need a subpoena to get the loan application. Your husband and/or the loan company might object to the subpoena (e.g. it is irrelevant, privileged, etc) so be prepared to explain why you need the loan application.

Andy

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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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