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Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Family Law for California on
Q: I am married to a USA Citizen while I am a Green Card applicant. My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Divorce for California on
Q: If my wife retains a divorce attorney, do I need to retain one as well?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

If she has an attorney and you don't you will likely be at a disadvantage. Don't risk it.

1 Answer | Asked in Divorce for California on
Q: Hello, Where can I get a " certified copy of specific law on Divorce "? Thank you
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 23, 2022

What does that mean? Certified copy of the law? What are you trying to get?

1 Answer | Asked in Family Law for California on
Q: California…. Taking daughter away from dangerous situation, out of state.

Thank you.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 13, 2022

There is a legal process that must be followed for this to be done right. Don't take the law into your own hands and make a unilateral decision that is not supported by a court order. It will backfire on you. File a petition custody (or a parentage action) and concurrently file a Request... Read more »

1 Answer | Asked in Divorce for California on
Q: CA If separated from a spouse for 15 yrs, no combined finances, no assets, and no young children - can it be contested?

I was married in California, but only lived together for 2 years. We've been separated 15 years with no combined assets/finances. Our child is now 18 years old. Is there any reason the divorce could be contested?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 7, 2022

Depends on what you think "contested" means. When filing for divorce, you file your petition and summons and then serve the other party. They either respond to the petition by filing a response or they don't. If they don't, you proceed by default, if they do, then you proceed... Read more »

1 Answer | Asked in Divorce for California on
Q: What happens if a status only judgment is entered at bifurcation, but the petition expires prior to case finalization?

We have single status restored, but not likely to finish with final MSA before the petition expires? Does it affect marital status change?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 1, 2022

Why would your petition for dissolution expire? Not clear what you are referring to here.

1 Answer | Asked in Divorce for California on
Q: Can my wife be considered an unfit mother in Calif if she keeps giving money to scammers? I want full custody.

My wife has given almost $20k of our money to scammers, sometimes conning me to do it. Can I also deduct this amount from any alimony?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 1, 2022

I see two very different questions here 1) related to custody of minor children; and 2) Wife's liability to the community for spending money on scammers. As to this second issue, there's not enough information here to respond to your inquiry. Giving money away to scammers will likely be... Read more »

1 Answer | Asked in Child Custody for California on
Q: If my baby’s father is looking for me to serve me papers can his layer find out where I live or work ?
Tobie Brina Waxman
Tobie Brina Waxman
answered on May 31, 2022

Sure. Where you work is likely a matter of public record generated by the IRS. Why wouldn't you want him to know where you are?

1 Answer | Asked in Child Custody for California on
Q: If I go out and my baby’s father has someone try to serve me for custody and I refuse to take it what could happen?
Tobie Brina Waxman
Tobie Brina Waxman
answered on May 31, 2022

If you are properly served, i.e. someone hands you a document or envelope and you refuse to accept it, you have been served. What can happen is baby's father proceeds with his case, requests and is granted entry of default after you fail to respond within 30 days, and he proceeds with his... Read more »

1 Answer | Asked in Divorce for California on
Q: Born,married,divorced in California. I have moved to a different state. Will changing my name affect any divorce ord.s

I just want to know if I need legal advice to change my name legally and if doing so may affect the enforceability of the court orders relating to my divorce.

Tobie Brina Waxman
Tobie Brina Waxman
answered on May 19, 2022

Changing your name should not impact the enforceability of valid court orders or judgments.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I need a family lawyer in order to gainful parental rights?

I have a 10-year-old and a 6-year-old son. Their father has been absent for 6 years, he was an addict, in and out of rehab and jail, and suffers from mental health. Their father was incarcerated for a year and released in December 2021 and is currently living in a sober living house. I have my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on May 18, 2022

It's not clear what you mean by "obtain full rights". Has a conflict arisen regarding your rights? Is someone challenging your rights? Is the other parent seeking custody of visitation orders? It's not clear what you are trying to accomplish.

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Minnesota, xhusband died married 25 years divorced 2 remained together. Mortgage in both names loan his alone my rights?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 29, 2022

This question was posted under California, although you preface your inquiry by stating you (or xhusband??) are in Minnesota. From the perspective of California law, if it applies, the extent of the community's interest in the property is not based on whose name is on title or on the loan.... Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: NEED Help Please DV case Ex made me pay for it through more DV

my ex new girlfriend post on social media with picture of me that say if she was this ugly shed be mad too. with im so ugly song attached. shes also told me that the money i get used for goes to her. Shes said that what ever i do to look cute will never work im still ugly fix you face get them... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 26, 2022

"DV case" - does this mean you have an existing case? Or you want to file for a DV restraining order? If you are seeking the assistance of an attorney and want to retain an attorney to handle this for you, use the "Find a Lawyer' link at the top of this page.

1 Answer | Asked in Child Custody for California on
Q: I want to let my 13 year old daughter live with her 24 year old sister what legal steps do I need to take?

We live in California and her sister lives in Texas.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 26, 2022

That depends on information you have not provided here. i.e. 1) is there another parent involved? 2) has the other parent consented to this move? 3) are there custody orders in place for you and the other parent? 4) is there a divorce decree or parentage judgment which includes custody/visitation... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: My wife was diagnosed with having gallstones. She suffered for months in pain. She never had gallstones. She had cance.

The doctor never ran an MRI, catscan, xray to prove gallstones. My wife had to wait for weeks, months in pain. My wife never had gallstones. It was now too late for her and now she passed away within a week of the diagnosis. My wife left a husband and her 6 year old daughter.

Do I have a... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 30, 2022

If things happened as you described it here, then yes, I would agree with your assessment that you have a basis for a malpractice lawsuit. I see failure to diagnose a condition that then went untreated that ultimately led to your wife's death from the undiagnosed and untreated condition. You... Read more »

1 Answer | Asked in Family Law for California on
Q: My daughters tested positive for covid and are currently with me. Mom said its her legal right to pick them up.

she said its her legal right to get them even if positive and they can quarantine there? Is she right?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 23, 2022

Depends. What do your court orders say? If she is referring to the custody/visitation orders when she says she has the legal right to pick them up, then she is probably correct. It's difficult to say without knowing what your court orders say. If you are asking whether the fact that your... Read more »

1 Answer | Asked in Divorce for California on
Q: a divorce after 27 yrs my husband want to leave me the house and that’s it. I want alimony he says house is enough.help!
Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 14, 2022

Whether that's a good deal would depend on whether the house is paid off, what it's worth, how much alimony you'd be entitled to, and whether you will need to make mortgage payments. It's possible this offer may be a good deal for you.

1 Answer | Asked in Divorce for California on
Q: Can I do a do it yourself divorce if my husband has been living in Belize for the past 19 years? No Community property

Our children are adults and both just want to divorce.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 10, 2022

The process of filing for divorce and carrying the case through to entry of judgment is the same whether you diy or have an attorney representing you. The only difference will likely be whether you do it right or your documents get rejected or you don't complete the process because you are... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: How much is it to retain a lawyer to sue a doctor for malpractice? Or is there a pro bono lawyer available?

In 2020 my daughter went to her old pediatrician for an STD screening and was never informed she was positive for an STD even after having several follow up appointments. So she was never treated. In February 2022, she took another STD screening with her new Internal med doctor who told her she was... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 1, 2022

A failure to diagnose and treat an SDT which delay can then be causally related to infertility sounds like an actionable claim to me. Most medical malpractice attorneys work on contingency which means they basically work for free until/unless there is a settlement or a jury verdict in the... Read more »

4 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: is there a statue of limitations on medical malpractice.my father was dropped while in hospital,he walked in and now is

in a wheelchair and has no use of his legs;he has to have 24 hour care by mother who lost her job because she had to stay home with dad

Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 25, 2022

Yes there is a statute of limitations for bringing a claim for medical malpractice. When did this happen?

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