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He has been married 5 years. She's mean to him. He is very tight on money with a mortgage plus accumulated debt over some years. His wife works in real estate and has a degree; she is very employable and currently still sells a house once in awhile. He is worried he will have to pay her... View More 
answered on Mar 27, 2023
Every case is different. Varying circumstances impact whether someone gets spousal support and for what duration. There are numerous statutory factors considered. I don't know what has been discussed during these consultations or what information was missing from the consults that made it... View More
Both my husband and I are citizens of Brazil. We got married there in 2014. We hold real property in Brazil. We entered the US in 2018 as tourists and stayed. We are out of status. We have been residents of CA for 5 years. We only hold personal property here. For immigration purposes, should we get... View More
answered on Mar 27, 2023
I can't speak to immigration issues, but as far as where you can file for divorce generally speaking, you can file in CA as long as you meet the residency requirements. Since you have lived in CA for the last 5 years, it sounds like you can file in CA which requires you live in CA for 6... View More
May I file my own RFO and attach it to my existing court date? I already filed my response in California.
answered on Mar 15, 2023
Each separately filed Request for Order is assigned its own hearing date. You could file your RFO and then ask, after the fact, that the two dates be consolidated. But why bother? If your RFO is for the same thing - modification of custody, indicate what you want in your responsive declaration... View More
I filed for divorce and missed the court date. I haven't heard anything from the courts so I do not know what to do next? I want to continue with the divorce
answered on Mar 15, 2023
What court date? For what? If all you did was file for divorce and nothing more, there won't be any court date or hearing. You get court dates/hearing dates when you file a motion or when you ask for them, such as a trial setting conference. The court isn't going to contact you. It... View More
The husband filed the divorce in Sacramento County. His wife, and my daughter lives with me in Ukiah, CA. My daughter has no money so we are very scared and don’t know where to go. If you could tell us where to go to get help, it would be greatly appreciated.
Thank you
answered on Mar 14, 2023
The case filed in Sacramento is the case. You don't file another case after one has already been filed. He probably filed in Sacramento County because that's where he lives or otherwise met the residency requirements.
That is, if we are able to create a plan together, will I still have sufficient visitation time and (hopefully) overnights? I am a stable dad, but we wish to have them live with her "most" of the time and we would create a visitation schedule that fits our specific needs. I fear that... View More
answered on Mar 7, 2023
Physical custody relates to where the children live. Legal custody relates to who has the power to make certain types of decisions for the children (medical, psychological, consent for sports and field trips, etc., getting a passport) If your spouse has "sole physical custody" that... View More
she claimed I never gave her my address (I DID) and knows were I live she never properly served me just sent me a screen shot of when the mediation and court is.
Do I need to be properly served? What Paperwork do I need to submit into the courthouse?
(Example FL-150 Income and... View More
answered on Feb 27, 2023
Yes, you do need to be properly served. If you moved you are required to file and serve a notice of change of address of record with the court (and serve it on the other parent). Although you may not have been properly served, do you really want to risk not participating in the mediation or the... View More
I am buying a house (that may be rented out) with only my money and want my wife to sign the quit claim form. She insists on getting a post-nup to achieve the same effect. Can this be done?
answered on Feb 22, 2023
Do both. And, do an "interspousal grant deed" rather than a quit claim deed. To be legally binding and enforceable, your intentions regarding the ownership of this property have to be in writing. The most effective way to accomplish what you are trying to accomplish would be the... View More
Also, can we file this remotely or do we both need to be present anywhere? She's a permanent resident of Luxembourg and has never received a visa to come to the United States. I'm a US Citizen and resident in Los Angeles. We are both willing to take the easiest path, split costs 50/50,... View More
answered on Feb 17, 2023
If you meet the residency requirements, you can file here. You will also need to have her properly served with the petition before you can proceed.
My spouse and I are working towards financial separation / temporary spousal support, but she needs access to funds ASAP, so we need to pull money out of an investment account for her. If I have an agreement from her in writing that we will split this up in a specific way, but no official/legal... View More
answered on Feb 14, 2023
Emails are not legally binding contracts or agreements. If you want something binding and enforceable, you should prepare a "Stipulation and Order" (this assumes you already have an open case; i.e. that you have filed for divorce)
In case where alimony payments are calculated, what is the date to be considered as the determining factor? Is it the date of separation, date in which the divorce papers are initiated, or the settlement date of the divorce in which the papers are finalized? My spouse and I have 4 children... View More
answered on Feb 13, 2023
Length of marriage is determined based on date of marriage to date of separation.
We have 4 children and I am the only financial provider. Gross income is roughly 150k a year. Is alimony calculated after child support? What is the duration of the alimony payment.
answered on Feb 13, 2023
Several different statutory factors go into the support calculation. To get an idea of what that looks like, the court provides an on-line child support calculator: https://childsupport.ca.gov/guideline-calculator/?emrc=63eab30fc3cad
I believe there may also be an option for adding in... View More
The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of... View More
answered on Feb 7, 2023
Only court orders or judgments are enforceable by a court of law. Your written agreement regarding custody is not legally enforceable unless it is a court order. aka "Stipulation and Order" This can be filed using your current case number. Whatever hearing you have pending can then be... View More
We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled)... View More
answered on Jan 24, 2023
child support is calculated using a formula mandated by law. https://childsupport.ca.gov/calculate-child-support/ Usually, with non married co-habitants, there is no obligation to pay "spousal" support. There are certain limited circumstances however, where some manner of support may be ordered.
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
Your question is not clear. What kind of demand? A section 998 demand?
Been together 20 years and have 2 children (ages 16 and 10). We've never been married. She has asked me to leave. The apartment is in her name and she claims the kids on her taxes.
answered on Jan 24, 2023
This question appears to have been posted from Arizona but is being seen by California attorneys. I can only speak to California law. If you are not married, no community property has been created subject to division, no right to spousal support or to any other rights that would have been... View More
There is a paternity test court hearing coming up on the 30th, i was also served a demands for inspection of documents for a child support judgment. Do i need to respond and give them 3 years of all my info, when the child might not even be mine? The response for the demands are due one week before... View More
answered on Jan 19, 2023
It’s not supposed to be filed with the court. Respond to it.
answered on Jan 18, 2023
There is a Judicial Council form you can use for that purpose. MC-040 You can find it on and download it from the Superior Court website.
A divorced woman with children & shared custody has not worked during COVID and needs to find a pro bono attorney for LA County to resolve issues re: divorce/custody agreement.
answered on Jan 12, 2023
Try Harriett Buhai Center for Family Law; Legal Aid Foundation of Los Angeles; or Levitt & Quinn
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