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...Read more »
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 an...Read more »
I have filed for modification because over the past 4 years I was supposed to get at least 1 day a week visitation and phone calls to the kids when ever. The visits were always supervised which they weren't supposed to be and it got to a point where I wasn't given them anymore. I bought a phone for... Read 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.
Hello, I am currently dealing with a very unresponsive husband that is not cooperating with the divorce process. We have been separated over 2 years. I have been trying to be as respectful as I can but to the point where I need to take matters into my own hands. I previously did not want to seek... Read more »
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 "RFO") for spousal...Read more »
I PLAN TO FILE FOR DIVORCE AND CUSTODY OF MY KIDS AND LEAVE THE STATE TO MY MOMS, MY HUSBAND HAS THREATENED ME AND WE CURRENTLY HAVE PEACEFUL CONTACT ORDER DUE TO AN INCIDENT 3 YEARS AGO. BUT THE AB USE HAS CONTINUED, WILL I GET IN TROUBLE FOR LEAVING WITH MY KIDS
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...Read more »
I'm in California and the person I want to restrain is in Pennsylvania. This person stalked me and found out where I work and called my chain of command for a personal issue that I'm dealing with between me and my mother. The person who contacted my work is unrelated to me, it's my sister's... Read 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...Read 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.
Spouse A has the means to buy out spouse B. Spouse B has no income to qualify for the loan and also doesn't have enough cash for the buyout & couldn't afford the payments. Can a judge force you to sell your home if Spouse B refuses to agree upon a purchase price? 3 appraisals have been done, one... Read 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...Read more »
I have a judgement for spousal support after a Request for Order hearing. My ex refuses to pay support. What paperwork should be filed in order to place a lien on his personal property and mutual bonds?
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 the real...Read more »
I lived states away and moved close to my son 2 years ago. She wants retro CS because I am making more and she did not file a motion to do an adjustment. She stopped me from my parenting time. I filed a motion and in her cross motion, she is asking for retro CS
Hemet court house 11/28/18 seeking legal representation, unfit mother abused children by abandonment, claiming child support and receiving it. All the proof needed I have children in my sole custody and care as of August 1st 2017. I reside in Missouri however, I would need to appear by phone. The... Read 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...Read 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 enough...Read 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 months...Read more »
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.