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California Divorce Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My husband kicked me out of the house and then changed the locks and then left town with all my stuff still inside?

My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More

James L. Arrasmith
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answered on Mar 15, 2024

If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes abandoned property in CA as in Stock market holdings?

My X spouse has not updated his new address on the joint account .Only I have.

James L. Arrasmith
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answered on Mar 13, 2024

In California, abandoned property, also known as unclaimed property, generally refers to financial assets that have been left inactive by the owner for a specified period. This can include stock market holdings, such as shares or dividends, bank accounts, uncashed checks, and safe deposit box... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: The mediator in my divorce is showing strong bias toward my husband. Is there anything I can do?

The mediator will not reply to my emails, including simple questions like “What is the status of the MSA?” He shows everything to my husband first, and only loops me in later (sometimes weeks or months later), and has taken no consideration of my side. At best, he is completely incompetent at... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, mediation is a voluntary process, and both parties have the right to a fair and unbiased mediator. If you believe that your mediator is biased or not fulfilling their duties properly, you have several options:

1. Discuss your concerns with the mediator: If you haven't...
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1 Answer | Asked in Divorce and Family Law for California on
Q: is the international alimony my country Jordan for just 3 months affect the alimony in california married for 23 years

I get married in Jordan and after that we go to California and married in court I went back to my country and I got alimony and the law there the alimony just for 3 months no more.and. In CA my lawyer try to get me alimony in ca but after that he told me I can't get nothing it's true or... View More

James L. Arrasmith
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answered on Mar 11, 2024

In California, the court considers several factors when determining alimony (also known as spousal support), such as the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage. The fact that you received alimony in Jordan for only... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband of 20 yrs file for divorce. He said we had been marry for 6 yrs since he got a work compensation. Help
James L. Arrasmith
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answered on Mar 11, 2024

I understand that you are going through a difficult situation with your ex-husband filing for divorce and claiming that you have only been married for 6 years. Here are some steps you can take under California law:

1. Determine the actual length of your marriage: Gather documentation such...
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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation, Family Law and Domestic Violence for California on
Q: I left aftr 19 yrs of abuse, at time wz trying to get RO, he filed lies to get RO & I've suffered. He'snarcissistnd di

I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More

James L. Arrasmith
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answered on Mar 11, 2024

I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.

It sounds like there are several critical issues to address legally:

1. Getting the false...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.

My mom just recently received the summons and he's asking for 50% of the house that I live in.  He helped me buy it by lending me his credit.  I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he... View More

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:

1. The condo is in your name, not your mother's or her husband's. It sounds like you are...
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1 Answer | Asked in Divorce, Civil Litigation and Family Law for California on
Q: The final divorce judgement was in Nov 2023. My ex-husband and I both had attorney's then. Do I need to notarize it?

Divorce decree notarization.

James L. Arrasmith
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answered on Mar 7, 2024

In California, the process for finalizing a divorce involves the court's issuance of a final judgment or decree. This document officially ends the marriage and outlines the terms agreed upon or ordered by the court, such as asset division, custody arrangements, and support obligations. Once... View More

1 Answer | Asked in Family Law and Divorce for California on
Q: Married but propery bought with money from sale of husbands house. Does he get to keep everything we bought together?

My husband was abusive and this included financial abuse. He sold his house and we bought a house in Oregon together. We went thru divorce proceedings but there was a tragedy and we post poned it.

Now I am woke and he just kicked me out of the house. I am 57 yrs old and he claims... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under Oregon law, which applies given that the property in question is located in Oregon, assets acquired during the marriage are generally considered marital property and subject to division upon divorce. This includes property purchased together, even if the funds initially came from the sale of... View More

1 Answer | Asked in Divorce, Family Law, Civil Rights and Communications Law for California on
Q: What if my spouse read my txt msg to my mother on my phone without my consent, can i use it again her in our divorce?

While i was away on travel, my wife hack into my phone to read my message with my mother, she had know me well enough to know my password, but i did not give her permission to read my messages.

I suspect someone had move my phone so i change password, and monthes goes by my wife and i had... View More

James L. Arrasmith
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answered on Mar 4, 2024

In California, the privacy of communications is taken seriously, and unauthorized access to someone's electronic communications can raise legal issues. If your spouse accessed your phone and read your messages without your consent, this could potentially be considered a violation of privacy.... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: I was recently awarded spousal support but have arrears for child support I owe the father.

Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.

I do plan on paying my arrears but I’m afraid they would take the full... View More

James L. Arrasmith
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answered on Mar 3, 2024

In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Can my spouse hire lawyer from a firm i contact to discuss our divorce

6 months ago I contacted a law firm in regard to divorcing my spouse. During the free consultation with a lawyer and his clerk, we discussed our prenup, my spouse potential request or ask for divorce settlement. Notes where taken by the clerk and question were asked by the lawyer.

My spouse... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, the situation you've described could indeed raise concerns regarding a conflict of interest. When you consulted with a law firm about your divorce, even if it was just a free consultation, an attorney-client relationship was established for the duration of that meeting.... View More

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for California on
Q: Brother is getting divorced after 6 years, but might back out due to worry over inherited home.

I did everything according to my lawyer as trustee of my parent's trust, which contained their home. Upon their death, My brother deposited my half of the money into the trust. I then, as trustee, signed the house over to him. That meant, according to my lawyer, he inherited 100% of the... View More

James L. Arrasmith
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answered on Mar 3, 2024

In California, property acquired through inheritance is generally considered separate property, not subject to division in a divorce. However, the situation becomes more complicated when a spouse is added to the title of the inherited property, as it may be seen as converting the property from... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: If a property is sold and new one purchased does it make it part of the estate prior to marriage?

My parents divorced in 1977 each kept one as part of the settlement. Several years later my father sold his and used the proceeds to purchase new home. About 7 years later he remarried and she moved into my dads. Some time later he sold that property and again used money to purchase new home.... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, property acquired before marriage generally remains the separate property of the spouse who acquired it. If your father sold a property he owned before remarrying and used those proceeds to purchase a new home, the nature of the new property's ownership depends on how it... View More

1 Answer | Asked in Family Law, Divorce and Child Support for California on
Q: In search of a family law attorney that works with low income or even probono

My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More

James L. Arrasmith
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answered on Mar 3, 2024

Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More

3 Answers | Asked in Divorce and Family Law for California on
Q: Is there a legal recourse to compel my ex to comply with the court order for alimony and past due payments?

My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More

Pardeep Joshi
Pardeep Joshi
answered on Mar 3, 2024

Orders or judgments made under Family Code are law imposed obligations and are enforceable through Court's contempt powers. Any disobedience of the court order by your ex-husband is a contempt of court's authority, which may carry both civil and criminal penalties. There are judicial... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Is there a legal recourse to compel my ex to comply with the court order for alimony and past due payments?

My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More

James L. Arrasmith
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answered on Mar 3, 2024

Under California law, if your ex-husband is not complying with the court-ordered alimony payments, you have legal recourse to enforce the order. You can file a motion for contempt of court, which is a formal declaration that your ex has failed to follow the court's orders. This motion can lead... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Is there a legal recourse to compel my ex to comply with the court order for alimony and past due payments?

My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 3, 2024

He has a job. You have a court order. Get a Wage Garnishment and serve it on his employer. Support will then be deducted from his wages and paid directly to you. For the arrears you can file a motion to have the amount of arrears established and then include that in the wage garnishment. The... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: If my husband bought our house with his money but we have both been on title do I get half if divorced? 10 year union

Proceeds from his house sale after we were married

James L. Arrasmith
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answered on Mar 1, 2024

In California, which is a community property state, assets acquired during the marriage are typically considered joint property. This means that, generally, both spouses have an equal ownership interest in such assets, including real estate, regardless of whose name is on the title or who paid for... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: If my husband bought our house with his money but we have both been on title do I get half if divorced? 10 year union

Proceeds from his house sale after we were married

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 1, 2024

It's not about whose name is on title. If the property was purchased during the marriage, it is community property. When you say he purchased it with his money - what does that mean? If "his money" is money he earned during the marriage, then it is community property. If... View More

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