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Questions Answered by John Edwin Hinden
4 Answers | Asked in Divorce and Family Law for California on
Q: In a divorce, is a Declaration of Disclosure, etc., always required?

I filed for divorce and the Respondent never filed his Response. I've got everything prepared to file a default judgment but I'm unclear as to whether I am required to do the Declaration of Disclosure, etc. There is no property, there are no debts, and no issues with spousal support.

John Edwin Hinden
John Edwin Hinden answered on Dec 22, 2016

Yes........you are not going to be able to enter a "default" until you do.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Am I required to do disclosure documents in a divorce proceeding when there's no assets, support or debts at issue?

I'm seeking a default judgment in my divorce as the Respondent never prepared a response. I have prepared all the documents but am confused about the disclosure documents. If there are no issues of property, support or debts, are they required?

John Edwin Hinden
John Edwin Hinden answered on Dec 22, 2016

Yes.........and file the Declaration Re: Service of those documents.

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2 Answers | Asked in Divorce for California on
Q: Cali filed divorce have new girl wife lives my in my

Wife n i haven't sleep in same room almost 2 yrs i dont love her we have 2 kids I met a new woman who lives in a different state and wants to move down here with me as well would like her to move down here if she does move down here with me she will be living in the same place as I do however the... Read more »

John Edwin Hinden
John Edwin Hinden answered on Nov 16, 2016

You are looking at/for big time trouble. Take care of business (i.e. get divorced) before you create a situation that can only make matters worse, and more difficult in reaching a resolution. Talk to an attorney in your area about how to "properly" handle this before you make any sudden move(s).

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2 Answers | Asked in Divorce for California on
Q: I'm over 70, my wife is starting a divorce. I work now. How would stopping work affect the level of spousal support.

I'm also getting a pension. Would this have to be made a lump sum or pay as I go.

John Edwin Hinden
John Edwin Hinden answered on Nov 14, 2016

It could have a big effect, but there are a lot of "unknowns" in your given facts and to get a better answer you should consult with an attorney in your local area. Spousal support is set based on several factors that the court needs to consider and an attorney familiar with spousal support... Read more »

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3 Answers | Asked in Divorce for California on
Q: Hi, I got married back in 2007 in El Paso Tx & that same year I separated, I'm now trying 2 file for divorce from CA &

He's in Anthony New Mexico. No kids or property so how much will it cost me to file immediately and how long is the process if he signs as well. Or What if I can't locate him will process be slower or more expensive ? Thank you..

John Edwin Hinden
John Edwin Hinden answered on Nov 14, 2016

You must be a resident of the State of CA to file for a dissolution of marriage. Assuming you meet that requirement your soon-to-be ex will need to be served the petition and will then need to respond within 30 days. Failure to respond means you can enter a default. A final judgment cannot be... Read more »

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