If the home is in both of your names, the two of you have equal authority over its disposition. If you can't agree, a judge will decide (assuming you open up a divorce case). If the house was acquired after the date of marriage but before the date of separation, it is presumptively community... View More

Good question.

There is no official form, but you could write a letter or email requesting the information.

It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach... View More

This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.

You are correct that if there is a disparity in income, a court can order the high earner to pay some or all of the lower earner's fees. While you cannot sue him for emotional distress, you may be entitled to alimony or spousal support. You would need to file a motion (called an... View More

Once you file for divorce in California, you are not allowed to remove the minor children of the marriage from California until there is a final judgment as to child custody and visitation.

There are two exceptions: one, you can ask the judge for an exception and the judge can say yes; or... View More

That is incorrect. California is a community property state. So, if property or debt was acquired after marriage but before the break-up, while you were living in California, that property is community property. California law requires all community property assets and debts to be divided... View More

You could get a civil restraining order, which is different from a domestic violence restraining order. The difference, among other things, is that you have to prove, by clear and convincing evidence, the facts that warrant a restraining order (as opposed to a family law restraining order, where... View More

Absent an order shortening time from the judge, the responding party must file its written response nine court days before the hearing. If your hearing is the 18th, the responsive pleadings would have had to have been served and filed no later than 12/5/18.

I am assuming that your hearing... View More

It is up to the judge hearing the evidence to decide what the house is worth. The evidence must be admissible for it to be considered. Assuming all three appraisals are admitted into evidence, the judge could find any of them to be more persuasive than the other two. Whatever value the judge... View More

You can do a wage assignment if he is employed. If he owns real property, you can record an abstract of support judgment. You do this by filling out the form, getting the court to "issue" it for $25.00 plus another $25.00 for it to be certified, and then filing it in the county where... View More

Under California law, a motion to modify child support may be made retroactive, at the earliest, to the date the motion to modify was filed with the court.

You may, absent a court order to the contrary; but you shouldn't. Keep the kids out of it until it is no longer possible.

If you file for divorce, you can request spousal support; the sooner you file the sooner you can make the request, and the sooner you can have the hearing.

For an initial request for spousal support, San Diego judges use a computer formula to calculate spousal support more often than they... View More

You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support.

Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or... View More

If it was a registered domestic partnership, there would be a community interest in the 401k plan. The non-contributing partner would be entitled to half of the community's interest. That is, of course, not the same thing as half of the 401K plan.

Spousal support can be ordered in your favor retroactive to as early as the date the petition was filed. The sooner you make the request, the sooner the judge can order the support. Unique factors, such as your health, will also be taken into account and could result in a higher amount, which... View More

You are allowed to change lawyers at any time, regardless of the reason and regardless of whether the existing lawyer consents.

Once you have selected a new lawyer, he or she will prepare a "Substitution of Attorney" form and send it to the existing lawyer and the Court. This... View More

If he can trace it, and if the property is community property, the inheritance will be taken out of the equity of the sale proceeds of the house (or will affect the amount of the refinance payment) in the event of a divorce. Whatever equity is left, will be shared equally. If there's not... View More

You can file for legal separation if you move to California, even though what you really want is a divorce. In the petition, be sure to say that you intend to amend your petition to ask for divorce, once you meet our state's residency requirement, which is to have lived in the state for six... View More