If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?
answered on Apr 8, 2024
The location of the marriage is irrelevant. The location of the divorce is irrelevant. As long as you have a valid divorce, you can remarry anywhere you want. A valid divorce outside of California will be considered valid in California. A valid marriage abroad is considered valid in California.
If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?
answered on Apr 8, 2024
In general, the validity of a marriage or divorce is determined by the laws of the jurisdiction where it was performed, as well as the laws of the couple's home country or state. California, like most U.S. states, recognizes foreign marriages and divorces as long as they were valid under the... View More
my divorce paper work is based on a 2 year marriage from hell . my parents died and we put the divorce on hold August-Feb 2024 we celebrated our 3rd wedding anniversary. Can I change the separation date?
answered on Apr 6, 2024
I'm sorry to hear about the loss of your parents and the difficulties in your marriage. In California, the legal date of separation can have significant implications for property division and spousal support in a divorce. Here are a few key points regarding your situation:
1.... View More
my divorce paper work is based on a 2 year marriage from hell . my parents died and we put the divorce on hold August-Feb 2024 we celebrated our 3rd wedding anniversary. Can I change the separation date?
answered on Apr 6, 2024
You took a break from your divorce proceedings, but that doesn't mean you reconciled. Did you? Your date of separation remains as stated in your original petition for dissolution unless you are saying here that you reconciled and then decided again to divorce. In that case, you can file an... View More
We separated in late 2022 he said he hire a lawyer and I did sign papers but it's been almost 2 years and nothing now he said nothing went through so he hire a new lawyer in Texas. But now I want to claim spouse alimony since I didn't ask for anything the first time we supposedly started... View More
answered on Apr 5, 2024
Under California law, you may be entitled to spousal support (alimony) during and after the divorce process. However, the amount and duration of support will depend on various factors, such as the length of your marriage, each spouse's income and earning capacity, the standard of living during... View More
We separated in late 2022 he said he hire a lawyer and I did sign papers but it's been almost 2 years and nothing now he said nothing went through so he hire a new lawyer in Texas. But now I want to claim spouse alimony since I didn't ask for anything the first time we supposedly started... View More
answered on Apr 5, 2024
You can request spousal support. I don't know whether it would be granted or not, but I am sure he and his attorney will say "no."
Unfortunately, since you are not quite sure where things are, there is no possible way for an attorney to figure where things without a whole... View More
and what to do to keep $250,000 each exemptions in California
answered on Apr 3, 2024
HOW DOES A MARRIED COUPLE QUALIFY FOR THE $500,000 EXCLUSION?
1. At least one spouse must have owned the home for two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.
2. And, both... View More
and what to do to keep $250,000 each exemptions in California
answered on Apr 3, 2024
Under California law, if a married couple files their taxes jointly and sells their primary residence, they can exclude up to $500,000 of capital gains from their taxable income. However, if the couple divorces and then sells the house, the tax implications may change.
After a divorce, each... View More
is places like usa, Hawaii and new Zealand able to see if you have been married before if you are a foreigner and want to get married in one of those countries ?
answered on Apr 2, 2024
The short answer is yes, other countries, including the USA (and Hawaii, which is part of the USA), and New Zealand, can generally find out if you have been married before, even if you are a foreigner wanting to get married in one of those countries.
When you apply for a marriage license... View More
My divorce/child custody battle has been ongoing for almost 4 years. My youngest is 10 but always goes where the money is which is his dad. I’m low income and going to school full time. Honestly I’m tired mentally and emotionally, this whole process is draining me and my health just feels like... View More
answered on Apr 1, 2024
I understand that you are going through a difficult and emotionally draining situation. However, before making any decisions, it is essential to consider the long-term consequences and explore all available options. Here are some points to consider:
1. Consult with your attorney: Discuss... View More
My husband demand to keep the current house value ($1701.400) great neighborhoods and offered me Virginia house ( $835.500) and adding savings to close to
Half value.. but so far he offered I will get $647.000 and he will get $830.000. The monthly loan is $6000.
I will not be able... View More
answered on Apr 1, 2024
In California, property acquired during the marriage is generally considered community property and is divided equally (50/50) in a divorce. However, there are some exceptions and nuances to this rule.
Regarding your specific situation:
1. If you cannot afford the mortgage on the... View More
He offered total $5000, both alimony and child.
16years of marriage. We have 50/50 custody. ( my sons are 14&16) his income $16.458 monthly my income $1200) also he has Navy pension ($5956 monthly) I have a right to receive pension monthly.
He was in service 27years, I was with... View More
answered on Mar 31, 2024
Under California law, the division of assets and determination of spousal and child support in a divorce case is based on several factors. Here's a general guideline:
1. Spousal Support (Alimony): The court considers factors such as the length of the marriage, each spouse's... View More
we have been amrried 40 years and if we divorce i want he to be assured i won't cut her off financially
answered on Mar 31, 2024
In California, when considering divorce after a long marriage such as yours, it's commendable that you're thinking about ensuring financial stability for your spouse. You can indeed prepare a letter expressing your intention to support her indefinitely, sharing income post-divorce. This... View More
Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More
answered on Mar 29, 2024
In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More
One party already has an attorney yet I prefer mediation.
answered on Mar 29, 2024
In Alameda County, California, the costs of divorce can vary widely depending on the complexity of the case, whether there are contested issues, and the choice of legal representation or mediation. Filing fees in California are generally consistent across counties, with the initial filing fee for a... View More
answered on Mar 29, 2024
In California, even if your partner already has an attorney, mediation is still an option for you. Mediation can offer a more collaborative environment to resolve disputes and may lead to a more amicable settlement. It's designed to help both parties communicate their needs and reach an... View More
answered on Mar 27, 2024
In California, it is possible to file for divorce even if you cannot locate your spouse to serve them with the divorce papers. The law requires you to make a diligent effort to find your spouse. This includes looking in phone books, asking relatives and friends, checking with the post office for... View More
answered on Mar 27, 2024
Yes, you can file for divorce without your husband. You need to be properly prepared to proceed. You will need to prove you did everything you possibly could to find him. If the judge isn't convinced you did enough, you will need to start all over. Please have someone help you, preferably an... View More
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
answered on Mar 27, 2024
In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do... View More
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
answered on Mar 27, 2024
Motions of any kind can be opposed. It's very difficult however, and rare that an opposing party can come up with a valid justification for opposing a motion to bifurcate. CA is a no fault state. If someone wants a divorce they can have one.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.