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Questions Answered by Scott Charles MacCabe

1 Answer | Asked in Family Law for California on

Q: My wife is in prison for 5 years. Could she stop me from leaving California with our son to get a job in another state?

Sentenced to be carried out next month.

Scott Charles MacCabe answered on Jan 28, 2012

If your wife files for a marital dissolution and serves you before you leave, then yes. The ATROS on the back of the summons restrict both parties from leaving the state without prior written consent or a court order. If you are leaving for work, then you likely would prevail even if she filed... Read more »

1 Answer | Asked in Divorce for California on

Q: I am in Alameda Co., with a court-appointed Special Master. How can I have him dismissed for bias and incompetence?

There is clear bias, he was appointed by the court at the recommendation of my ex-spouse's law firm. The negligence, incompetence, and blatant disregard for my family is outrageous. He is in theory working for my family yet acts at my ex's beck and call, he says jump and the Special Master jumps;... Read more »

Scott Charles MacCabe answered on Jan 26, 2012

First, any lawyer would need to review the originating order to verify the matter was handled correctly at the get go. Then, you could file a motion to disqualify the Special Master. There are nowhere near enough fact assertions in your question, nor enough background, to even start on that path.... Read more »

1 Answer | Asked in Divorce for California on

Q: Preservation of green card after the divorce while the non-US spouse is living abroad.

We've married 3.5 years, no kids. I am a victim of domestic abuse. Can I still file for US citizenship? I plan to reside in my own country to recover from this horrific experience. But I am afraid that I might lose my green card. Also, Am I liable to his debts if the divorce is granted in CA?

Scott Charles MacCabe answered on Jan 26, 2012

You have rights as a victim of domestic violence and should pursue citizenship, but I would recommend that you remain within the United States if citizenship is the goal. You are here legally, and should not leave. As for your second question, you need to look at the assets and debts - and yes,... Read more »

1 Answer | Asked in Divorce for California on

Q: Does sole propriet. construction co. become a divided partnership in divorce?investments made elsewhere are comm. prop

Scott Charles MacCabe answered on Jan 26, 2012

Though there are many facts that need to be discussed with you on this question, I would say that your construction business is separate property in your mind because you started it before marriage - but working during the marriage has given the business a mixed asset nature. Your community labor... Read more »

1 Answer | Asked in Divorce for California on

Q: Can I get sole property back after divorce?

My divorce was finalized almost 2 years ago. She retained our primary residence, and the stipulation states that any items left in the home after my exit are hers. Items that were my sole personal property (mine before marriage, etc.) were left, and from the start we shared the understanding that... Read more »

Scott Charles MacCabe answered on Jan 26, 2012

You have not only the Judgment working against you but also the delay. However, your situation is similar to so many and I would encourage you to take action. After weighing other factors and how legal action might effect your ongoing relationship with your former wife if any relationship does... Read more »

1 Answer | Asked in Divorce for California on

Q: What do I do if my husband has destroyed all evidence to be used in our divorce hearing-

He has also had all for year in a half due to mutual RO's. I have1`shoe. He is SAn Jose- I'm in SAnta Rosa. He had no proof forRO- I was on probation and went back to house- nowhere to go - in shock that someone who beat the holy h--- out of me, stole telling me I was so stupid, couldn't keep... Read more »

Scott Charles MacCabe answered on Jan 26, 2012

First, you should retain a lawyer or at least consult face to face with a local attorney in your area. If that cannot happen, please go to a self-help center in your area. As to your question, you need to (1) obtain records through subpoenas and discovery tools regarding the evidence you are... Read more »

1 Answer | Asked in Divorce for California on

Q: Will a backdated a declaration of marriage invalidate our marriage?

My husband had a wedding ceremony in California in 1994 to another woman, but no married license was applied for or turned into the state so that his "ex" could continue to claim widows benefits from her late husband. They lived together 13 years & then he left and moved to another state. Since... Read more »

Scott Charles MacCabe answered on Jan 26, 2012

Your husband needs to take action in the court case involving the 1994 "wife." My understanding from you is that she knew she was not legally married to your husband, and she refrained from marrying your husband so she could receive benefits. You need to keep in mind that there there are theories... Read more »

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