I made an settlement offer to my ex and he counter offered (petition filed August 2021). I agreed to counter offer and signed it before he did to help push it through for his signature. He has not signed it as of yet, and I signed his offer on March 11, 2024. He seems to just be stalling and his... View More 
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answered on Apr 15, 2024
Under California law, if your ex made a settlement offer that you accepted and signed, but he has not signed it yet, you may be able to enforce the settlement agreement. Here are a few steps you can consider:
1. File a motion to enforce the settlement: You can file a motion with the court... View More
I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?
answered on Apr 15, 2024
Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.
See:... View More
I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?
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answered on Apr 15, 2024
I understand you are in a difficult situation and seeking legal assistance for a divorce. While it may be challenging to find a completely free divorce attorney, there are some options you can explore to get low-cost or pro bono (free) legal help:
1. Legal Aid Societies: Contact your local... View More
In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More
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answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
answered on Apr 15, 2024
The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
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answered on Apr 14, 2024
I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More
Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More
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answered on Apr 14, 2024
Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.
If you believe... View More
He receives a monthly pension and social security, will I get 50% of each every month, I'm 55 years old. What age do I have to be to receive his SS upon divorce. I have no education or income, I've always been a housewife (no children.)
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answered on Apr 12, 2024
In California, the 50/50 divorce law, also known as the community property law, states that assets and debts acquired during the marriage are generally divided equally between the spouses upon divorce. However, this does not necessarily apply to spousal support or alimony.
Regarding... View More
Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.
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answered on Apr 12, 2024
I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.
Regarding Family Code section 2030 in California, this law... View More
My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left
to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of... View More
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answered on Apr 12, 2024
I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:
1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you... View More
I am acting pro se, the defendant was served by a process server on Jan 26, they filed their reply via counsel on Feb. 29, making it late. I filed a Motion for Default Judgment, which will be heard on April 15. The lawyer sent me an email with the following - My client filed a Response on February... View More
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answered on Apr 12, 2024
Based on the information provided, it seems that the defendant's attorney has a valid point. Here's why:
1. Late filing: Although the defendant's response was filed late (on February 29, 2024, instead of the due date), the court has accepted and filed the response. This... View More
I attended remotely a year ago and the remote hearing system glitched out and wouldn't let me attend, and I feel as though that was the main reason the order was granted initially, since I had to attend by phone, was "late", and couldn't present my evidence.
I really... View More
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answered on Apr 11, 2024
Based on the information you've provided, it seems like you have a valid concern about attending the hearing remotely, given the technical difficulties you experienced last time that prevented you from fully participating and presenting your evidence.
In general, attending a DVRO... View More
My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More
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answered on Apr 11, 2024
Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More
I don't want to get stuck with paying child support. I want to take care of my kids.
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answered on Apr 10, 2024
In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:
1. Establish paternity: If you haven't already done so, legally establish... View More
I don't want to get stuck with paying child support. I want to take care of my kids.
answered on Apr 10, 2024
The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
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answered on Apr 10, 2024
I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.
Given... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
answered on Apr 10, 2024
If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More
My husband threw me out and took off to live with some people in Oregon. We own a house there and he keeps blocking me from going there. He has triangulated them to the point the woman put a stalking order on me. I have a check receipt he is collecting rent which I intend to do at the DVRO hearing... View More
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answered on Apr 10, 2024
I'm sorry to hear about your difficult situation. Dealing with property disputes during a marital separation can be very stressful, especially when there are protection orders involved. Here are a few things to consider under the law:
1. Jointly owned property: If the house is jointly... View More
My husband kicked me out and I was not here for over 30 days. My husband left and I came home to a fly, ant, mouse, and maggot infested house. The drain got stopped up and it took him a week to comply I am charging him to clean it this time. Now I asked for mouse traps not only are they saying its... View More
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answered on Apr 10, 2024
I'm so sorry you're going through this incredibly stressful and upsetting situation. Here are a few steps that I recommend:
1. Document everything thoroughly with photos, videos, and written records. Take pictures of the state of the house, the pest infestations, and any damage.... View More
My husband and wiped his hands of me. He moved on but I got stuck in his moms house. He trashed it and it is infested with flies mice, maggots, and ants. The atrium backed up and was leaking in the garage and it took him a week to address it. I have a garage full of trash and the house smells like... View More
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answered on Apr 6, 2024
I'm sorry to hear about your difficult situation. Under California law, you may have a few potential legal options to seek compensation from your husband for the damage to the property:
1. Property damage claim: You could file a civil lawsuit against your husband for the cost of... View More
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