Divorce after 30+ years, trying to get answers from my atty. Said there is a settlement conference. 6/?? No divorce pape

Question

Ers filed no firm date, no info or any other help with what should be done. I hope to get some answers regarding divorce & separation of property, no kids a house I owned before we married 5 years.  
  Another atty told me the divorce papers are 1st before any settlement conferences?? T or F 
  On her declarations she failed to declare $$ and other items that weren't devlared 60 days late to give us the papers, this has been ongoing since 1/23. 
   She moved out 12/28/23 I am late 60s mom is 89 ??'s I have asked  for 6 months  
   ( I was threatened when I didn't want to sign a QUIT CLAIM DEED) she can move in to her new condo. She is on title here while we are paying for everything.  
  Trying to keep the house for my kids. told if we make a reasonable offer she refuses the court could step in?? T - F  
  She adament about keeping us from buying her out  we live in limbo, with unanswered??'s even charged me for the time he spent helping her. Any info is greatly appreciated.

Tobie B. Waxman · Answer

This is confusing as written.  I recommend you pick up the phone and speak with an attorney one-on-one and directly.  With a 30+ year marriage you should not be representing yourself.

James L. Arrasmith · Answer

I understand that you are going through a challenging divorce after a long marriage and are seeking answers to your questions. Let me provide some general information based on California law, but please note that this is not legal advice, and you should continue to work with your attorney for specific guidance on your case. 
 
1. Settlement conference: A settlement conference is a meeting between the parties and their attorneys to discuss and negotiate the terms of the divorce settlement. It can occur before or after the divorce papers are filed, depending on the specific circumstances of the case. 
 
2. Filing divorce papers: Generally, the divorce process begins when one spouse files a petition for divorce with the court. The settlement conference can be scheduled after this step, but the specific timing may vary based on your case and local court procedures. 
 
3. Declaration of disclosures: In California, both parties are required to provide complete and accurate financial disclosures. Failing to disclose assets or providing inaccurate information can have serious consequences. 
 
4. Separate property: In California, property owned before marriage is generally considered separate property and remains with the original owner after the divorce. However, there may be exceptions if the property has been commingled or if there are other factors involved. 
 
5. Buying out a spouse's interest in the house: If you owned the house before the marriage and your spouse is on the title, you may be able to buy out their interest. If your spouse refuses a reasonable offer, the court may intervene, but this depends on the specific circumstances of your case. 
 
It's essential to work closely with your attorney to address your concerns and ensure that your rights and interests are protected throughout the divorce process. If you are not satisfied with your current attorney's communication or feel that your questions are not being adequately addressed, consider discussing this with them directly or exploring the option of seeking a second opinion from another attorney.

Q: Divorce after 30+ years, trying to get answers from my atty. Said there is a settlement conference. 6/?? No divorce pape