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Questions Answered by Diana L. Martinez
1 Answer | Asked in Divorce for California on
Q: DIVORCE...what do u do if u can't afford an attorney???
Diana L. Martinez
Diana L. Martinez answered on Jun 3, 2012

Too often, people CAN afford an attorney, they just don't want to. When this is the case, understand that this can lead to later, very costly problems.

If you qualify (and they do review your financial disclosures and supporting documents), you may be able to get free legal aid - you will...
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1 Answer | Asked in Divorce for California on
Q: Is it legal for my divorce attorney to speak to my soon to be ex-husband's mother? I never gave my permission to do so.
Diana L. Martinez
Diana L. Martinez answered on Jun 3, 2012

I think you need to have a conversation with your attorney about this. What was his purpose in speaking to her? It isn't normally something that attorneys do. Is she the one calling the shots? Is he trying to locate your soon-to-be ex? Your attorney is free to do whatever is required under the... Read more »

1 Answer | Asked in Divorce for California on
Q: How do i get my spousal support increased?

Since our divorce both my ex and myself have moved from california. it's been two years since our divorce was final. he now owns two successful companies and i, on the other hand, have not been able to find employment. one the 150.00 per month support, i can't afford legal representation.... Read more »

Diana L. Martinez
Diana L. Martinez answered on Jun 3, 2012

You will have to look at your divorce judgment documents. It should specify if the support is a fixed amount or under what conditions you may request additional support. Under standard language, the support is modifiable upon a showing of a change in circumstances. Often, however, the language... Read more »

1 Answer | Asked in Divorce for California on
Q: What is the difference between judgment of dissolution of marriage and a divorce decree?
Diana L. Martinez
Diana L. Martinez answered on Jun 3, 2012

One is a judicial counsel form and the other is the body of the judgment, but as they are usually attached, they are typically referred to as one and the same.

1 Answer | Asked in Divorce for California on
Q: Me and my husband married in 2007, in good faith. I find out my prior marriage was final in 2009! What to do?

We want stay married, we love each other and have a little boy. I was in good faith and truly believe my prior marriage was over. My ex husband was violent and very abusive...he left me and I lear he did remarry another woman, but never know where he was and how to get in touch with him for many... Read more »

Diana L. Martinez
Diana L. Martinez answered on Jun 3, 2012

You may want to talk to an attorney who can review your 2009 judgment. If the orders were made "nunc pro tune", the actual date of divorce may have been identified as an earlier date. If not, your current marriage is void and it's time to do those vows anew - great way to celebrate your 5th year... Read more »

1 Answer | Asked in Divorce for California on
Q: If a couple are each citizens of two countries, married in a third country and are naturalized in a fourth (U.S) -(con't

They file for divorce in the California Court? (wife: Egypt, husband: Pakistan, married in Saudi Arabia, assumption: they became US citizens as married couple)

Diana L. Martinez
Diana L. Martinez answered on Jun 3, 2012

You must meet the jurisdictional requirement for the state/county in which you wish to file. Each jurisdiction will have it's own requirements. For example, in the state of California, you must have been a resident of the state for the 6 months prior to filing your petition for dissolution of... Read more »

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