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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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?
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 »
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 »
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 »
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