Your judgment should say how the assets will be divided. I don't mean "you get half". I mean, HOW you get half. i.e. whether an equalization payment is owed to you, or whether a physical item of personal property is supposed to be given to you, whether you need a QDRO to divide up... View More

Probably not. The passage of time without him receiving financial support from you is relevant to whether he needs it now -- 10 years later. It is unlikely the court would grant such a request from him if he made one after you file for divorce.

Anytime someone files a RFO related to custody, the court automatically schedules a mediation. This is a free service provided by the LA superior court. The parties attend WITHOUT legal counsel. Parties are not permitted to bring an attorney with them to these mediations. You of course are free... View More

Defendants file demurrers. It's what they do. In every demurrer, Defendants will ask that the demurrer be sustained without leave to amend. It's what they do. When you respond to the demurrer (i.e. file your opposition), you ask for leave to amend. Meaning, you oppose the demurrer on... View More

He can't just move to Spain with one of your children. If he wants to relocate and to take one or more of your children with him, he will need a court order allowing him to do so. He'll need to seek an order modifying existing custody orders to include a move-away request. Before such... View More

You refer to a custody agreement, but do you have actual court orders regarding custody? If not, get them. If you do have court orders, you orders should include instructions on what happens when the parties cannot reach an agreement. You cannot keep your child out of school simply because you... View More

Domestic violence comes in all shapes and sizes. Persistent harassing phone calls, text message and emails can form the basis for a request for a restraining order - depending on the circumstances unique to your case. His failure to help out financially however, is not something you can... View More

Do you mean $75/month for child support? Without further information it is not possible to answer this question. Child support is calculated using an algebraic formula that factors in each party's income, certain deductions, the child's age and the percentage of time each parent has... View More

Your non marital relationship does not bestow any legal rights on either party to the other party's property. California does not recognize Common Law marriage. You two can enter into a co-habitation agreement if you want to (much like a prenup or post nuptial agreement), but you cannot be... View More

In the absence of any court orders, you and the other parent can pretty much do whatever you want and live wherever you want. If you want to get control over the situation you will need to file for divorce and concurrently file a request for order to get interim custody and support orders in place.

You ex has an attorney. So should you. "California is a 50/50 state" is not a correct statement of the law and the fact that California is a community property state won't necessarily explain how the assets and debts should be divided. A factual ground for why something may or may... View More

In such a situation, you would oppose the demurrer and motion to strike and ask that in the alternative, if the court is inclined to grant (aka "sustain") the demurrer that the court give you leave to file an amended complaint. You do not need to file a separate motion asking for leave... View More

I notice your question is posting from Nevada. In California, the case is assigned to a specific courtroom. The case stays there for all purposes and with the same judge assigned to that courtroom. The same judge will decide all issues pertaining to your filed family law case. No, you cannot... View More

The community's interest in this property results from mortgage payments made DURING the marriage. The community acquires an interest in the property when the community makes the mortgage payments. If mortgage payments you made after you inherited the property, came from your earnings during... View More

If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in... View More

1) I would agree that if no-cost daycare is available, that's what should be used; 2) proof of the cost of daycare can be provided in the form of receipts or bank statements showing the amount paid to the daycare provider. The cost of daycare would not be an "add on" if it is free... View More

If you are referring to actual court orders (as opposed to an informal written agreement between you and the other parent), you would need a court order modifying your existing custody orders so that you can "move away" with the minor child. You can do this by filing a motion, or by... View More

You do not need his permission or consent to proceed with a divorce. You can file the petition and have him served. If he does not respond, you can proceed by default. In terms of finding a "low cost lawyer" - "low" is in the eye of the beholder. You'll need to make... View More

Just call the courtroom's clerk and let him/her know that the attachment was missing. You also have the option of obtaining a copy of the stipulated agreement from your mediation and drafting your own Findings and Order After Hearing. But first, just call the clerk. That may resolve your... View More

Depends on what you mean by “case closed”. Dismissed? Or are you now post judgment? If judgment has been entered, whether you can now ask for support depends on what your judgment says. Was support waived? Was the issue of support reserved? Have an attorney review the terms of your... View More