With so little information about your case it is challenging to respond with anything more than some generalities about procedure... If you have not been served with papers, we will presume that you do not know what they say and accordingly you do know the details about what is being alleged and... View More

Signing the client's copy of the retainer agreement is not required to bind you to the contract. The attorney may well have signed his/her original or a copy and that would suffice. In any event, assuming there was no written agreement signed by both parties, the attorney would be entitled... View More

Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More

Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More

Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.

There is no set number of days or hours that you... View More

I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More

When a party to the action serves another party the court is notified by the party filing a Proof of Service. There are forms to use to fill out, sign under penalty of perjury and file with the Court. If the party falsely declares having served you, it would be against the law. If I were you,... View More

It is possible that you may be entitled to spousal support. It will depend upon various factors under California Family Code Section 4320 for permanent support. Your need and his ability to pay will be important to establish for the Court to consider, in addition to the other factors listed in... View More

If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More

In California the court ordered guardian has the right to seek support from the child's parents. Money you spend for the needs of your child can be used as offsets. Adoption would end your parental rights and all financial liability.

If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good... View More

If the power of attorney gives them authority to handle real estate business, the power of attorney should be recorded. I would recommend that you contact the owner/ landlord directly and get a copy of the power of attorney from that source. Be sure to read it carefully to be certain that it... View More

Grand larceny for property valued over $950. It would not be a robbery because robbery requires a taking of property of another through force.

If ownership of the property is not in dispute and you can prove your ownership, have you considered reporting it stolen and/or asked the... View More

You do not have to be served personally when, as here, you make a personal appearance in Court which has the legal effect of succumbing to the personal jurisdiction of the Court and waiving any rights you may have had to contest the Courts personal jurisdiction over you. You could have avoided... View More

Yes. Alimony is assessed based upon primarily the requesting spouse's evidence of the need for the support and the other spouse's ability to pay the support. There may be other considerations depending on your circumstances. Whether she had the right to exclude you and remove your... View More

Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one... View More

Probate Code Section 850 which allows for the court to provide relief when there has been an "abuse of a confidential or fiduciary relationship," including disputes between co-owners of property. If there is no legitimate reason for him to refuse to complete the paperwork, Section 850... View More

In a community property state such as California inheritances are separate property. To the extent it was you who was supporting him before and after he was in jail it may be that he would be the one eligible to seek alimony from you. However, if he has a substantial inheritance he's going... View More

Would need more information about the situation.... such as what does he text and say? Does he threaten you at all? Is he texting or calling you every day, early mornings, late nights? Is he an ex spouse and you are going through a divorce or is he an ex boyfriend of short duration? Long... View More

There may not be any activity in the case since the TRO was issued, but that fact does not make the case "inactive" for purposes of having the court review the TRO to determine whether there are sufficient legal grounds to set it aside. As such, you use the case number and exact same... View More