Get free answers to your legal questions from lawyers in your area.
Even if it’s co mingled $, can he try to take the house should we divorce or does it not matter after it’s co mingled while married?
answered on Jul 8, 2023
Home purchased during the marriage is community property. Subject to tracing, he can claim reimbursement of the inherited funds used to make that purchase
Man is Danish/American and has Asperger's. Woman was Tanzanian. They married in California in 2018. They moved to England in 2019. She is very abusive and repeatedly left with the child for months at a time (abandonment). She has Canadian citizenship now and lost Tazmanian (no dual). She is in... View More 
answered on Jul 7, 2023
Speaking from the perspective of an attorney who practices in California (which is where this question appeared), location of marriage, citizenship, and/or country of origin of each spouse is not determinative of where you can file for divorce. In the United States, you file for divorce wherever... View More
I have out of state custody orders that will allow me to take my child from California where her mom lives, to Oregon. This needs to be amended due to the disruption to her education and social life if she were to enroll back and forth between Oregon and California every year. My question is that... View More
answered on Jul 7, 2023
If you want to amend/modify existing custody orders you will have to do so in the court where the case is venued. It is not clear from your question whether your case's origin is California or whether it was filed in Oregon. That being said however, I seriously doubt a court would grant a... View More
I have the children Wed evening thru Sunday afternoon, he has them Sunday afternoon until Wed evening.
answered on Jul 7, 2023
Depends on what your court orders say. Do you have any court orders in place that state whether you can or cannot take the child out of the country?
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
Depends on what actions (including no action) take place moving forward. If there is no trial or interim hearing regarding property division, you don't have to prove anything. While your case is pending, you can attempt to negotiate a global settlement agreement with your spouse that results... View More
My ex claims because he pays child support he is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have... View More
answered on Jul 6, 2023
A court order is a court order. It remains enforceable until and unless it is modified. In your question you state what your ex's position is, but it's not clear whether this is simply something he says, or whether he has made a formal request of the court to grant him some kind of... View More
I am in the process of a divorce and my husband has raises his voice at me and doesn't respect my boundaries in front of the children. it makes me feel emotionally unsafe. Would a judge grant me a ex parte to have him leave our residence while divorce is in progress? We have a apartment that... View More
answered on Jul 5, 2023
"emotionally unsafe" ?? Not sure that will be enough to get a "kick out" order. You would be best served by retaining an attorney who can help you add more "meat" to your claims to get the outcome you desire.
I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we... View More
answered on Jul 5, 2023
Your written agreement can be in the form of a stipulation and order. As long as both parties sign it and it is submitted to the court before the birthday, you should be fine. Whether any other form of written agreement would otherwise be acceptable depends on what your court orders/judgment... View More
answered on Jul 5, 2023
You never file disclosure documents with the court, except the declaration regarding service of the PDD. You are also not expect to or required to file an Income and Expense Declaration with the court unless you have filed a motion for some kind of financial relief, such as a request for order for... View More
I earned a million dollars until one year before marriage and that amount has been kept in the same bank account with only annual interest income. I have not touched it for even our living costs. We are in divorce proceedings now, but my wife knows the fact very well, so she has no willingness to... View More
answered on Jul 5, 2023
Under these facts, the funds will likely be awarded to you as your separate property. HOWEVER, those funds and the interest/earnings on those funds can be considered as funds available for support, and used to calculate support.
Setting aside all other factors, there is one child who is 3-4 years old boy. The child is being cared for by both Parent A and his grandmother. On the other hand, Parent B is taking care of their own minor daughter from a previous marriage, as well as the boy born from the relationship with Parent... View More
answered on Jul 3, 2023
Either parent can ask for whatever custodial arrangement they want. Whether that request is granted is a different question. You have not provided sufficient information for a proper analysis of your situation.
answered on Jun 28, 2023
She needs to get "Power of Attorney". She can get power of attorney over health care decisions and a separate power of attorney over financial and other non medical decisions.
I was granted spousal support in January of 2023 through my divorce, which is still ongoing, but my spouse has not paid my anything. Am I obligated to that money and if so, what can I ask the judge to do to my spouse in order for me to revive my spousal support?
answered on Jun 27, 2023
You have a court order. Your spouse is legally obligated to comply with it. For enforcement purposes you can submit a wage assignment/garnishment (if he has a job), or you can pursue contempt (if he doesn't have a paycheck that can be garnished)
My spouse has not provided spousal support since we filed for divorce. My past lawyers have not pursued it even when I had asked them. I want to know if I am entitled to it and backpack from the time we filed.
Also, are there options I can ask the judge to put holds on or other options to... View More
answered on Jun 27, 2023
Without knowing any details about your case or the financial aspect of your marriage, it's impossible to say whether your request for spousal support would be granted. I'm curious why your previous counsel did not "pursue" support on your behalf. If you file a request for... View More
I filed a divorce petition almost a month ago. In less than a week it will be a month. If I didn’t file and serve fl300 at the time to modify visitation am I not able to add that to the divorce anymore? I want to modify that. How do I do that now that I’ve waited so long after serving the... View More
answered on Jun 25, 2023
Depends on the kind of change you want to make. If you want to make a substantive change, for example if you originally asked for joint legal custody in your petition, but now you want sole legal custody, you can file an amended petition. If you originally proposed some kind of parenting plan and... View More
Can she legally take the child out of the state? She pretty much stated there’s no decision what dad says that child made up her mind. But mother is very controlling and guilt trips daughter even on dads time constantly making daughter cry when she’s with dad. What are the steps is there any... View More
answered on Jun 22, 2023
When you say you have 50/50 custody, is that per court order? Or is that just how the parents are exercising their parenting plan? If it's per court order, Mom needs a court order, aka a "move-away order" before she can take the child with her on a move out-of-state. With a true... View More
answered on Jun 21, 2023
If there is an existing case (which it sounds like there is), the party designations don't change, regardless of who is seeking court orders. If you were the parent who filed the case in the first place, you are and remain the Petitioner for all purposes.
Hi,
my sister has been divorced since 2017. She has physical custody of her daughter and she shares legal custody with her ex. She's moving out of California to Nevada. Does she need to file with the court to take her daughter out of the state? her ex is in india right now, would that... View More
answered on Jun 20, 2023
Depends on what her custody orders say, what visitation rights Dad has, whether Dad is exercising those rights, whether he relocated to India, lives there and therefore does not see the minor child regardless of what the orders say.
Also depends on how old the child is and what she... View More
answered on Jun 16, 2023
Overnights are not generally awarded in cases where the minor child is under the age of 2. Every case is different however as is every child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
