IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?
Debt incurred during the marriage is considered community debt. Liability for that debt is therefore shared equally. However, family courts are considered courts of equity. If one party has a better ability to pay off that debt, the court may divide it in a way that reflects the parties'...Read more »
Under certain circumstances it does matter. For example, if you've been separated a long time (i.e. years) and never asked for alimony the assumption will be that you have achieved the goal of being self-supporting and don't need it.
Are you asking whether infidelity nullifies your prenup? If that's your question, the answer is no. California is a no-fault state, and prenup is considered a binding contract. There may be other reasons to nullify the prenup in your specific case, but infidelity is likely not one of them.
What makes this house separate property is the fact that you purchased it prior to marriage. Whose name is on title is not the determining factor. What happens during the marriage is another issue. i.e. if income during the marriage is used to make mortgage payments on this property, the...Read more »
You must meet the residency requirements before you can file for Divorce in the state of California. You must have lived here at least 6 consecutive months to file in this state, and 3 consecutive months to file in the county where you are living in California. The residency requirements are less...Read more »
Contact Child Support services. It is not noted here where you are or where your child support order was issued (what state, city, county, etc.) This is a link for the CSSD office in the County of Los Angeles, but the department has offices all over the state of California....Read more »
I live on my own with my partner and my ex lives with his mother. My partner and I want to move out of state to where his family lives to better our lives but my ex wants full custody now so the kids can’t leave the state at all. He has a past record and I’m pretty sure still can’t legally... Read more »
I'm seeing two different issues here. First, finish up your divorce. It doesn't matter if he agrees or will or will not sign something. You got your default, now proceed to judgment. Second, if you want to be able to move out of state with your children, you will need to file a motion...Read more »
I would recommend you get a second opinion. Order a copy of your records and go to another dentist to look at those records and examine you and advise you as to why you got the outcome you got. Suffering an infection may or may not be the result of negligence, but merely a bad outcome. If you...Read more »
No one can predict for you how long it will take the particular court where you filed your paperwork to process your judgment. This is assuming you filed a judgment package and didn't just file a request for entry of default. If all you filed was a request for entry of default, then other...Read more »
I am petitioner in my child's custody case and had filed an ex parte. It was granted and a hearing was set to determine supervised visits for the Respondent. The commissioner wrote, "The Court sets the case for RFOMOD - Custody, Visitation on August 12, 2022 at 8:30 AM in Department D.... Read more »
We have a living in a home for 10 years that both my spouse and I have paid and made payments on. However due to marital stress for the last couple of months he has been making the payments and has slowly taken me off the utilities account and other accounts. He has also called our creditors and... Read more »
You should consult with an attorney rather than seeking response to all of these questions here on this website. With respect to the property - a house purchased during the marriage is community property. Doesn't matter who has been making the mortgage payments or whose name is on the...Read more »
After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »
You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial...Read more »
You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage...Read more »
There is a legal process that must be followed for this to be done right. Don't take the law into your own hands and make a unilateral decision that is not supported by a court order. It will backfire on you. File a petition custody (or a parentage action) and concurrently file a Request...Read more »
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