He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »
You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what...Read more »
My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »
Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children...Read more »
We have never been married and we live in separate homes. He insists on his time with our son being spent in my home. I would like a formal agreement and for his time with our son to be spent at his home.
I also would like to prevent him from entering my home when he pleases. He has... Read more »
It's always recommended that you retain counsel when trying to get enforceable court orders. Check the CA Superior Court website and their "Self Help" link where you will find the steps for getting an enforceable court order for custody and child support. With respect to his access...Read more »
My ex and I have an understanding of who’s responsible for what. He is letting me have the house because I can afford it. I want to know how to write this correctly so this is added to the divorce paperwork and so I don’t have any issues in the future. We also each have a car and he has credit... Read more »
My fiancé and I had twins and we have been together for 8 years and we have another child also I was wondering why child support is being taken out of my check since I’m at home with them providing shelter, clothing ,food and ect.. they’re garnishing 1600 a month from my checks and here’s... Read more »
We are separated many years already, he moved in with me and my kids from LA, first I agreed to him moving in with us, knowing that he already moved on and accepted that it’s over between me and him, but now i am having trouble living with him, I just want to be free from him legally but I... Read more »
You can file a request for order with the court asking for an order that your spouse pay or contribute towards your legal fees. If you insist on representing yourself, the Superior Court has a self-help link on its website. https://www.courts.ca.gov/selfhelp-divorce.htm Good luck.
You don't say why it matters. Whether you should pursue the matter further, depends in part on why it matters to you whether she is cohabitating with someone or not. What is it that you are trying to accomplish?
My ex filed the divorce petition in 2016. I didn't file a response because we were in agreement on most things. (One child, no property to split). The case went into default status and he has failed to continue the process (hasn't filed the remaining paperwork to finish and get judgment).... Read more »
You can file a motion to set aside the default. If granted, you would then file your response to the petition and move your case forward as usual. The other option is to enter into a settlement agreement with the other party and file that as a stipulated judgment.
These are the kinds of questions and the kind of advice you should seek directly from an attorney rather than using this type of forum to get your answers. You would be best served by retaining legal counsel to handle your divorce case for you and/or on your behalf. You’ll get better and more...Read more »
Depends on what you mean by "void" the divorce and what you mean by "divorce", i.e. has judgment already been entered or is this a matter that is still pending? I recommend you speak with a lawyer directly rather than using this Q&A forum to get the information you are...Read more »
To get a court order modified you could either get the other party to stipulate and prepared and file a stipulation and order, or you will need to file a motion; a Request for Order with the court. (court form FL300)
Your question is not clear. What's the context? Rights regarding what? Grandparents can petition the court for visitation rights -- if that's what you are asking. Whether that petition is granted depends on the circumstances of your particular situation.
If the house was purchased during the marriage it is community property. Putting his own name on title doesn't change that. If you sign an interspousal grant deed and you understand its meaning, then yes, the result is that the property is no longer community property to be divided in the...Read more »
What difference does it make? You both want a divorce. You both filed. The court has designated her filing as the "lead" case. Just proceed as you would have anyway. Complete the same paperwork under her case number, including whatever agreement you have reached. It might make...Read more »
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