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Questions Answered by Rebecka A Monez
1 Answer | Asked in Criminal Law for California on
Q: What is the correct procedure for answering questions for a crime alleged against me? Should I consult an attorney

retain counsel prior to investigation questioning?

Rebecka A Monez
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Rebecka A Monez
answered on Jun 24, 2022

It is always best practice to have an an attorney with you when questioned by law enforcement or the district attorney's investigators, because an attorney is your best protection - next to the truth. Investigators who question people are usually highly skilled individuals and they can turn a... Read more »

1 Answer | Asked in Divorce for California on
Q: Divorce in California but married in another state

I got married in Massachusetts and now I've lived in California for 3 years. I wonder whether my marriage certificate needs to be notarized if I file for divorce in California. Thanks!

Rebecka A Monez
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Rebecka A Monez
answered on Jun 3, 2022

You do not need your marriage certificate to be notarized to file for divorce in California. Your marriage certificate from Massachusetts can stand on its own authentication by being certified from the clerk recorder's office of the county in Massachusetts that issued it. Additionally, a... Read more »

1 Answer | Asked in Divorce for California on
Q: Can I file for divorce if I live in a different state? Can you still divorce someone even if the other person refuses.

I’m currently residing in California and my wife is in Maryland. We’ve been married for 33 years. We have no children. We have been separated for about 6 months.

Rebecka A Monez
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Rebecka A Monez
answered on May 23, 2022

California is a no-fault/community property state. This means that even if the other party does not want a divorce, you can still get one. As for your wife living in Maryland and you living in California, you can file in California so long as you meet the residency and jurisdiction requirements.... Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: In a DV case do you have to serve the other party every time you collect new evidence?

I got a restraining order and had my first court date which they extended for a new date. I have accumulated more evidence for my case, do I need to serve the other party or submit it to the clerks office or can I just bring it to court with me

Rebecka A Monez
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Rebecka A Monez
answered on May 21, 2022

It depends on what the new evidence is. As a general rule, you should include include all of your evidence, attachments, text messages etc. in your original moving papers. If there is now a new date, and depending on how far away the new date is, you could file an amended declaration with the new... Read more »

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