If the house was purchased during the marriage (i.e. after the date of marriage and before the date of separation), it is community property. If she can trace the funds used for purchase to a separate property source, she may be entitled to reimbursement of those funds before the community's...Read more »
My child’s father is on her birth certificate, I applied and received child support, but he never been in her life. The last time he saw her is when she was 5 months old, she is 12 now. The problem is that he refusing to sign any documents requiring his signature, I need to get her passport and... Read more »
Your file a petition for parentage and ask for custody orders, or you can file a separate stand-alone petition for custody. I'm assuming 1) you were not married to the father; and 2) there are no existing custody orders in place. If there are custody orders in place, then you need to amend...Read more »
Depends on what you are talking about. If you don't the "sensitive information" in the settlement agreement, then don't include it. For example, when I draft judgments, if a bank account is being divided or turned over to the other party, I only include the last 4 digits of...Read more »
You don't need his permission to proceed on your own. Respond to the Petition and proceed with the other steps necessary to bring the matter to a close. If he does not cooperate, then file motions to compel and request a trial setting.
Marriage was for 22 years, been divorced since 2009 (12 years). Resident of California at time of divorce, moved out of state since. In divorce wife was awarded the family home and spousal support. I was awarded my 401k retirement. I wish to retire in a year when I turn 65. My plan is to live off... Read more »
Assuming your case was vented here in California, if your retirement impacts your monthly income available for support, you should file a Request for Order re modification of support based on that change in circumstances. In terms of your 401k distributions, income is income for purposes of the...Read more »
We are not married and never have been. For the most part the father has been absent during the pregnancy and begged for an abortion/ adoption. The father will not be on the birth certificate. I plan to move to Fort Bragg in two weeks where I will have family support, less bills and will overall... Read more »
If there are no custody orders in place (i.e. signed by a judge and filed with the court) and no petition for custody or visitation have been filed, you are free to move wherever and whenever you want.
Usually, when I'm preparing a petition and I don't know the extent of separate and community property, I will say so in the petition and also state that that information will be obtained during pre trial discovery. However, if you DO know, i.e. you can create such a list, there's no...Read more »
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.
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