Your current state is Ohio
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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 
answered on Apr 21, 2024
Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free.
Another option:
Limited-scope representation is... View More
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
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
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
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answered on Apr 20, 2024
In California, which is a community property state, assets acquired before marriage are generally considered separate property and not subject to division upon divorce. However, if there have been any improvements to the property using marital funds, or if the property has increased in value due to... View More
He took half of my teachers pension in our divorce. His wages are already garnished. He is currently 20k behind with still 5 more years of child support to pay. When it comes to retirement at 55 (I am currently 45) and he still owes child support- will my pension still go to him or will it be... View More
answered on Apr 20, 2024
Start with the presumption that his share of the pension will not be garnished. If there are arrears outstanding from his child support obligation, you need to file an application with the court and ask the court to enter an order imposing a garnishment on his share of your pension for repayment... View More
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?
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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... View More
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?
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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... View More
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. .
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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... View More
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answered on Apr 18, 2024
If your partner filed for divorce, typically they would have you “served”, meaning you would be given a copy of the divorce complaint and any ancillary documents. If your partner has an attorney, you can also contact their office to inquire about the status of any complaint/filing. If your... View More
Hi i have filed the default divorce in April 2023. We filed the MSA in january 2024. And then filed the certification to give divorce on papers in february 2024. How long it takes i have an attorney and court doesn’t tell me anything and he says they are backed up you just have to wait? Is there... View More
answered on Apr 18, 2024
If you and your spouse have been waiting for a Final Judgment of Divorce back from the Court, it may be worth it to contact the Family Division in Hudson County and inquire as to the status of your matter. The phone number is available on the New Jersey Superior Court website. It may be that the... View More
I have been unemployed for +1yr but have recently taken a +50% decrease in salary to work. My x-wife and I have a great relationship and both agree to new terms. I just don't know how to file paperwork to make this happen.
answered on Apr 18, 2024
When spouses agree on a modification to their Final Judgment of Divorce (such as an agreement to modify alimony) they can memorialize that agreement in writing and file what’s called a consent order with the Court. Before filing, both parties should sign the written agreement indicating they... View More
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
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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... View More
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
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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... View More
We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More
answered on Apr 18, 2024
If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More
Spouse has luxury watches. He provided me with pictures of them. He is refusing to meet with appraiser and bring watches. If appraiser uses pictures instead of actually inspecting watches, is that called hearsay?
answered on Apr 18, 2024
Consider interviewing a couple appraisers to inquire and compare their rates. You may also consider filing a Motion with the Court asking the Court to compel your spouse to participate in the appraisal, to make a negative inference against your spouse if they refuse to participate, and to reimburse... View More
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
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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,... View More
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.... View More
We have been separated for more than a year, but living at same property.
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answered on Apr 16, 2024
In this situation, your tax filing status for 2023 depends on your marital status as of December 31, 2023. Here are a few things to consider:
1. If your divorce is not finalized by December 31, 2023, you are still considered married for tax purposes. In this case, you can choose to file... View More
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