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Questions Answered by Martha Bronson
1 Answer | Asked in Divorce for California on
Q: How will moving effect my divorce?

My husband and I currently live in California. In California the requirements for divorce are to live in the state for 6 months (we have) and you can continue living together. We will soon move to North Carolina. If I file while we are still living in California will we have to follow the divorce... View More

Martha Bronson
Martha Bronson
answered on Nov 1, 2017

You can be divorced in California as quick as six months . If you move in the meantime, it will not divest California of jurisdiction to order a final judgment of dissolution.

1 Answer | Asked in Divorce for California on
Q: The car is in my name can I take it when we divorce
Martha Bronson
Martha Bronson
answered on Nov 1, 2017

The car may be in your name, but that does not make the car your own separate property. If the car was purchased during marriage it is presumed to be community property. Assuming earnings and income generated during marriage were used to purchase the car, then the car is community property. If... View More

1 Answer | Asked in Family Law for California on
Q: Can I have a paternity test done?

She has been married to her husband throughout our relationship and also lived with us during the time the children were conceived.

Her husband had to go before the court to claim he wasn't the father last year.

I was told by CSS that because I signed the form at the hospital I... View More

Martha Bronson
Martha Bronson
answered on Nov 1, 2017

If you voluntarily signed a Declaration of Paternity at the hospital when the children were born and two years have since gone by, and no declaration of rescission has been properly issued, there would not appear to be any legal recourse to obtain a paternity test.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: How easy is it for a man married, previous history with domestic violence, to get custody for child born out of wedlock?

Got pregnant by a man who is married but separated, he did go to jail and his wife fought him for custody over their child, they did resolve it. He then did some physical things to me, I got scared, broke up with him. Said he needed to get help. I found out I was pregnant. I decided to keep it. I... View More

Martha Bronson
Martha Bronson
answered on Nov 1, 2017

California Family Code section 3044 provides that custody with a parent found to have committed domestic violence against the other parent or the child within the previous five years, is presumed to be detrimental to the child. This presumption can be overcome. In the meantime, the effect of the... View More

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