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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: Does it matter how long I have been separated to qualify for alimony?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 9, 2022

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.

1 Answer | Asked in Divorce for California on
Q: What is considered in alimony, date of separation or date of divorce in California? I'm a worried mom.

My daughter's husband ran off with a 21 year old while she was pregnant with their second child. He refused marriage counseling and now lives with this girl going on 3 years. At the time, he signed papers over financial stuff since he agreed to separate their bank accounts and finances.... Read more »

Stephen Peter Anderson
Stephen Peter Anderson
answered on Aug 3, 2022

This is a very involved question. Spousal support is generally based upon needs of the party, after consideration of the incomes are in by both parties. Temporary spousal support in California is done through a computer calculation and takes into account not only incomes but deductions such as... Read more »

1 Answer | Asked in Divorce for California on
Q: I signed a prenup. But then my husband cheated on me, I left him. In the divorce, can I get any assets/money from him?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 1, 2022

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.

1 Answer | Asked in Divorce for California on
Q: If I put my house in a living trust prior to marriage, is it protected/considered separate property, if divorce?

This is my house I bought prior to the relationship

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 1, 2022

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 »

1 Answer | Asked in Divorce for California on
Q: Does putting my house I bought prior to t relationship in living trust prior to marriage protect it in case of divorce
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Jul 31, 2022

California is a community property state, which means that all property acquired during the marriage (except by gift or inheritance) is considered jointly owed by both you and your spouse. Conversely, the general rule is that property that is acquired prior to the date of marriage, or after the... Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I file for divorce and apply for services having only been here a few weeks from out of state?

I fled Ohio with my 3 children because my husband was using drugs in the house. He has since stopped using, but I want to know my rights about filing.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 28, 2022

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 »

1 Answer | Asked in Divorce for California on
Q: Is the date a divorce is filed or the date the divorce is finalized the date that a marriage is considered terminated

Or is it the date one party moves out to separate the end of the marriage? Trying to determine length of time one would get alimony if the marriage is to end

Rebecka A Monez
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Rebecka A Monez
answered on Jul 21, 2022

A divorce in California is final upon the entry of judgment or as you stated - finalized. There are three dates that are necessary to a divorce. The first one is the date of marriage. This one is the easiest to determine and can be found on your marriage license. The second date is the date of... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I have 50/50 custody and want to move out of state what steps do I need to take to not lose my children.

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 »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 15, 2022

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 »

1 Answer | Asked in Divorce for California on
Q: I filed for a default judgment for divorce today with the courts

how long should it take for me to receive final judgment

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 13, 2022

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 »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I am trying to figure out if moving out of my home with my kids is the next step for me.

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 »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 7, 2022

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 »

2 Answers | Asked in Divorce, Family Law and Child Support for California on
Q: Is there a lawyer that can help fix this ?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 30, 2022

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 »

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1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

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 »

1 Answer | Asked in Divorce for California on
Q: If my wife retains a divorce attorney, do I need to retain one as well?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

If she has an attorney and you don't you will likely be at a disadvantage. Don't risk it.

1 Answer | Asked in Divorce for California on
Q: Hello, Where can I get a " certified copy of specific law on Divorce "? Thank you
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 23, 2022

What does that mean? Certified copy of the law? What are you trying to get?

1 Answer | Asked in Criminal Law and Divorce for California on
Q: My boyfriend bought a pair of diamond earrings a couple years ago and I wear them but recently left them at the hospital

And someone took them. I then bought another pair of earrings with my money to replace them. We are breaking up and he is trying to take them and claim that he can because I lost the pair he originally bought so I owe him. Can he take them from me if I bought them even if I lost the pair he bought?

Arturo Angel Burga
Arturo Angel Burga
answered on Jun 12, 2022

Sounds more like a small claims action. He would have a hard time winning this. You can keep them if you want and he won't be able to get them from you unless a judge agrees with him.

1 Answer | Asked in Divorce for California on
Q: CA If separated from a spouse for 15 yrs, no combined finances, no assets, and no young children - can it be contested?

I was married in California, but only lived together for 2 years. We've been separated 15 years with no combined assets/finances. Our child is now 18 years old. Is there any reason the divorce could be contested?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 7, 2022

Depends on what you think "contested" means. When filing for divorce, you file your petition and summons and then serve the other party. They either respond to the petition by filing a response or they don't. If they don't, you proceed by default, if they do, then you proceed... Read more »

1 Answer | Asked in Divorce for California on
Q: Divorce in California but married in another state

I got married in Massachusetts and now I've lived in California for 3 years. I wonder whether my marriage certificate needs to be notarized if I file for divorce in California. Thanks!

Rebecka A Monez
PREMIUM
Rebecka A Monez
answered on Jun 3, 2022

You do not need your marriage certificate to be notarized to file for divorce in California. Your marriage certificate from Massachusetts can stand on its own authentication by being certified from the clerk recorder's office of the county in Massachusetts that issued it. Additionally, a... Read more »

1 Answer | Asked in Divorce for California on
Q: What happens if a status only judgment is entered at bifurcation, but the petition expires prior to case finalization?

We have single status restored, but not likely to finish with final MSA before the petition expires? Does it affect marital status change?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 1, 2022

Why would your petition for dissolution expire? Not clear what you are referring to here.

1 Answer | Asked in Divorce for California on
Q: Can my wife be considered an unfit mother in Calif if she keeps giving money to scammers? I want full custody.

My wife has given almost $20k of our money to scammers, sometimes conning me to do it. Can I also deduct this amount from any alimony?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 1, 2022

I see two very different questions here 1) related to custody of minor children; and 2) Wife's liability to the community for spending money on scammers. As to this second issue, there's not enough information here to respond to your inquiry. Giving money away to scammers will likely be... Read more »

1 Answer | Asked in Divorce and Car Accidents for California on
Q: I bought a house when married and put down payment from a previous payout from injury does house split 50/50 still?

I used downpayment from my injury payout , can I get that back before 50/50 house ?

Dale S. Gribow
Dale S. Gribow
answered on May 31, 2022

IT SOUNDS LIKE YOU CO-MINGLED YOUR MONEY...AND THERE WAS NO CONTRACT/AGREEMENT?

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