Depends on your lease and whether it has an early exit clause and/or a defect that the lease would be rendered invalid. We don’t have enough information to give more specific information- but if neither of the above exists then your best bet may be to negotiate an early exist payment.

In order to stop the child support garnishment you need to file for modification of child support and it will only be modified after a court order. Any modification entered after the filing of the request for modification will be retroactive to the date of filing and you will be entitled to a... View More

There is insufficient information to determine where you are in the DVRO process - is it a temporary restraining order pending a hearing or has a hearing been held and a restraining order after hearing been entered. If the DVRO is currently temporary then you will need to successfully defend the... View More

It’s unclear from the post if the error is only in the judgment or an error throughout the court proceeding.

In any event, your fiancé will want to file a motion to correct the clerical error. In California he would file a Request for Order requesting correction of the misspelled name-... View More

There are insufficient facts in your post. Nevertheless, If your friend is in California then she may look into the following:

1) A “Marvin” action; and

2) Putative spouse doctrine.

Finally, California does not recognize common law marriage (but does allow for divorce... View More

It unclear from your post if the rent has already been paid and he is asking for a reimbursement for the rent that was paid for the month of May or a reimbursement for the last month rent/security deposit.

Filing for child support is a start. Moreover, if you file for divorce you could... View More

Unless the Texas court order says otherwise, which would be out of the ordinary, it remains in force. If you choose to modify the Texas court order you may be able to do so in California, or alternatively return to a Texas court for modification.

You have not provided any details regarding what damages you sustained - but To answer your questions, a lawsuit for damages may be warranted to, at a minimum, force the reconveyance of the Deed of Trust.

California Civil Code 2941, in relevant part:

(b)(1) Within 30 calendar... View More

I agree with Mr. Light - your damages are at present the deductible you paid ahead of any claim paid by the insurance company. Let the insurance company do the heavy lift on this. If the insurance companies decided not to pursue the moving company and/or doesn’t recover enough to cover the... View More

I agree with Mr. Darlington - you can seek to obtain spousal support. As an added note- if you file a petition for legal separation and your spouse can respond by requesting a dissolution of the marriage (i.e. a divorce).

You can make a very good case before to get a temporary restraining order.

The court focuses on whether there is a credible threat of violence that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family, and that serves no legitimate... View More

You can file a motion with for an order to sell the home and/or for an Order for Contempt for failure to perform pursuant to the terms of the settlement agreement. Whether he thinks you are entitled to half of the house is not relevant - the court's order is not subject to what he believes.... View More

It is possible - however those are serious convictions which may give a judge pause to order visitation without supervision if you contest a request for joint custody whether it be legal and or physical.

If your goal is to challenge it you will need to establish why it’s in the child’s... View More

If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.

Best... View More

The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.

You would be well served to initiate the termination of your... View More

It should be a simple process if you all parties involved can arrive at an agreed upon sale/purchase price. However, be mindful that there could be tax consequences - you should speak with your tax accountant to determine what they may be and if you should consider doing a tax deferring IRC Sect.... View More

The majority owner can not obligate the minority owner(s) to sell the property if the owner's are listed on the deed individually (i.e. the property is not owned by an entity such as an LLC, Corp., LP, etc.). Should the majority owner enter into a Purchase & Sale Agreement regarding the... View More

No - your girlfriend’s income has does not affect prospective child support. The judge will consider your income, expenses albeit are a part of the I NBC one and expense declaration, generally do not affect child support calculations.