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Questions Answered by Bradley Drew Hochberg
3 Answers | Asked in Divorce and Family Law for California on
Q: Can you be legally separated and not know it?

Husband filed for divorce while I was visiting family. I came home and he told me. I haven’t seen the papers

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 27, 2024

People file divorce cases without first notifying the other party. After they file, they will then serve it. The served party will have 30 days to respond. You can hire a lawyer to at least consult about your options. Good luck with your case.

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: i had my hearing, as respondent, in a DVRO case today. I was unable to print out a statement I had meticulously prepared

n my phone to present to the judge (commissioner). He would not read it from my phone nor would he allow me to read it to him without a copy for him, and the petitioner to follow along. He stated that I could testify to what happened that night in my own words, but reading a "statement"... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 27, 2024

A problem is that appeals are very hard and expensive. It is not a second chance to argue the case. Some of what you now argue is what you were expected to have argued the first time at the hearing. Appeals generally are to decide whether the judge made a legal error in not applying the appropriate... View More

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2 Answers | Asked in Domestic Violence, Family Law and Personal Injury for California on
Q: When getting a restraining order on someone I live with can I ask for their immediate removal of the home the same day?

The person getting a restraining order on them is my 17 year old sister and the one putting the restraining order is my mom due to her getting physically abused and resulted with her getting a fractured nose and a broken finger that needs surgery.

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Can the father of my kiddos change the locks to the house and not allow them to go to his house when he doesn't have the

My 13 and 15year olds father had the locks changed to his house so they no longer have a key to get things they need when from his house. They have been told that they are not allowed to come by his house on his non custodial days. This is not part of our divorce.

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

Sadly there is no rule that they have to have a key to his place or wanted on days that are not his. That is unless there is an order otherwise which it sounds like there is no direct order regarding that. I would love to think that it could be used in a custody request in court. As i said it is... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for California on
Q: I paid lawyer up front for services he did not provide, how do i get a refund?

In November 2022 I paid $5000 to a lawyer to represent my friend who was in custody. The lawyer had me send the $5000 payment via Zelle.

In the end all the lawyer did was go to court one day and file a motion which ended up being denied. From that point on my friend was represented by a... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

You would send a certified letter asking for an accounting of the money you gave him and a refund of any money that was not used up in the amount. Even if it was a flat fee, lawyers can only keep the amount that was reasonable as per an accounting. If i charge a flat fee my retainer states that it... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Getting nowhere with CMC/MSC hearings, to save money can I represent myself at the next one and push for a trial date?

So this simple divorce case has taken way too long (2 years) and cost me way too much money. OC has been stalling, 2 no shows at CMC, arguing little things and changing mind about other petty things. In an effort to prepare my resources for a speedy trial I'd like to stop wasting money with... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

You certainly can do that but the court might not set a trial date until it is ready for trial. Discovery cuts off at a certain point before trial. As much as you want to rush things you have to decide if everything is ready to go. You will also be required to be held to the same level as an... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Can My husband get sole legal custody and visits with mom to be monitored at all times?

My husband has sole physical custody and 50/50 legal custody. The mother of child is in a relationship with an active gang member and she has been posting on social media with guns and hasn’t came to any visits with her daughter for almost two years now. First she would just come knock on our... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

Technically an order is an order. I do not know how specific the order is that would allow it to be enforced by the police. However, you could seek to modify the order to be safe. For one this sounds like he should have sole legal custody instead of joint legal custody. He should not need to get... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Factors a judge must consider when deciding long-term spousal support? income, property or debt, and standard living?

So, 23 yr marriage, she stayed at home w/partial SSI (1/4 of income). I worked full time making (3/4 of income) and provided for family health insurance. We lived a paycheck-to-paycheck lifestyle and used REFIs to bail us out of any emergency accrued debt.

Before D.O.S. she inherited $1m... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

You mention about long term support. Another attorney mentioned certain factors to be used. You did mention that she has a Fiancee. When she gets remarried that would terminate the support. But who knows when that will happen. The factors will also look at her assets. The separate property house... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Filed for divorce, husband wants me to retract spousal support, threatening more debt than assets, what do I do?

There has been financial abuse throughout the marriage, I have been out of work since 2018. When I had a brain aneurysm in 2020, he completed cut me off and my adult kids have been helping to sustain me since I had to go through therapy and have been unable to work. I recently filed for divorce and... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

He is doing that as a form of continued control. He is scared because he knows that if you follow through with it you will get support and your share of what is due to you. The support initially will be mostly based on what you make and what he makes. You are not capable of working so you would get... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Do I still have primary custody?

The older stipulation states that I have primary custody,but the new one does not mention who has primary but says the other parent has visitation. Some things were changed in the new stipulation but not all.

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

The word primary custody does not really mean much of anything. Im sure that it seems nice that it said that but at the end of the day What counts is the level of custody the two parties have. An order can say joint physical custody but if one party has only alternating weekends (20%) then they do... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: In the state of California: what are my rights after 1 year married with a joint account? Am I entitled to his pension

Or alimony

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

The other attorney mentioned about this. Although in short term marriages the maximum spousal support time is 1/2 of the marriage. That only leaves six months. Most courts would decide not to award spousal support for such a short term marriage, that is up to the discretion of the court. There also... View More

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2 Answers | Asked in Family Law for California on
Q: hello my wife abandoned our marriage 11 days after we married, she gave birth to our baby and has been concealing her

She is running an illegal business of smuggled alcohol Tabacco and other items out of her garage the child is in direct contact with these smugglers as they deliver the goods weekly to her garage during afterhours. She has no custody order and is not allowing me any visitation, she has not breast... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

If you are that concerned you can always contact your local county CPS office and make a report. They will investigate what you have stated. You could also apply for an emergency order as the other attorney stated. You would have to show that the child is under the threat of imminent harm or about... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: If filing an FL-150 for spousal support and electing proposed needs should I also explain my current living situation?

I am filing an FL-150 and requesting spousal support. I have not lived with my ex for about 9 months. I am currently living rent free with my current partners family where he pays rent etc but I do not. However I will be leaving here as soon as I am able (ideally after the divorce is finalized or... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

If you are using the proposed needs then you would list what you estimate your expenses will be. That is because it is only a guess of what you believe your proposed needs will be. There is a spot on the bottom of page four at the bottom that page that asks for you say anything additional. It is... View More

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2 Answers | Asked in Family Law for California on
Q: What is the California courts definition of the word all.

Family law divorce both parties agreed and were awarded ALL of their own acquired pensions the judge agreed with the division of property and assets reviewed and signed the final judgment then I was assessed spousal support from my monthly pension payments without taking the petitioner’s pension... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

I know at the end of the day it all amounts to the same thing but officially it is different with different consequences. You were awarded all of your pension as your separate property. That means it is not community property. You own the whole asset and if it goes up in value then you would gain... View More

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3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Traffic Tickets for California on
Q: Can I File a Motion to Vacate for a Warrant I Was Unaware Of?

I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:

- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

Most likely you have already dealt with this so my giving my two cents probably does not make a difference. Most of what you stated would be reasons to recall the warrant and get the case going. It really does not go to whether you can dismiss the case but when you go in or already did go in, the... View More

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3 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Exchange meeting point as agreed on our divorce

How many times can a custodial parent refuse to meet up at the drop of location for exchange before I can file a motion for contempt?

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 27, 2024

You have not stated all of the info. What exactly does the order state because a contempt action is a sort of criminal case that is prosecuted by the the pother party. Since jail is a possibility it must be done correctly and is held to a higher standard of proof and procedure. Certainly a contempt... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, DUI / DWI and Domestic Violence for California on
Q: Clarification on Court Procedure for Misdemeanor Ticket?

I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.

During the December 18 hearing, what should I expect? Can I submit my... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 12, 2024

The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: what if both parents make the same net income and want 50/50 custody?

and the child is with one parent 100% of the time.

So if child support is mainly based on both parents net income and they make about the same amount, who pays who child support if the child is mainly with one parent? And the agreement between parents is 50/50.

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 12, 2024

I do not understand your question. Is the question that should there be child support if the paper says 50/50 but the child’s is actually with a parent 100% of the time. More detailed info would be needed.

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2 Answers | Asked in Divorce and Family Law for California on
Q: i am currently working 16 hours a day. My heart condition is bad and getting worse, i am at risk for sudden death.

im doing this only for the family as we have very high debt. My wife wants a divorce. i want to discharge the debt, and only work what i am able to, such as sane hours 8-9 a day, what can i do?

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

I do not understand. Are you asking about divorce on what you can such as bankruptcy etc. i do not handle bankruptcy. I assume that you sound like you do not want a divorce and will probably wait until you are served. If you wish to tell me more in detail then maybe i can give more of a detailed... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: What must I fill out if the court says I am missing the "declaration regarding parentage"?
Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 10, 2024

It would be best if you showed me the rejection paper. I will assume that it is the form FL-105 the UCCJEA declaration but i can only guess. Sorry for the short response but i dont know exactly what they are asking for and can only guess. You could hire an attorney on a limited basis to deal with... View More

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