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California Divorce Questions & Answers
0 Answers | Asked in Divorce and Family Law for California on
Q: if my husband and I own a house, and he wants someone else to live there and I don't, do I have a legal right to refuse?

I invited my girlfriend from Ukraine as refugee to live in our house because of the war. In two months of her living with us my husband said that he wants to separate with me. He wants a new life and he has feeling for my girlfriend. We live in a house, that we both own. My husband wants my... Read more »

0 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: In California does the custody split affect relocation custody if the primary earner must move to keep job for support?

If agreed upon custody split is 60/40 vs. 50/50 and I need to move to keep my job, does this impact who retains physical custody of 3 kids? If mother (currently 60%) decides to move, can she take the kids with her? Is it more difficult with a 50/50% split?

0 Answers | Asked in Divorce for California on
Q: pl see detailed question below.

My girlfriend and I may get married next year and we'll write a pre-nup. She owns a house currently and pays mortgage. I live on rent but have cash in bank. I have couple questions in the unfortunate event of a divorce in the future.

1) After marriage say I pay my cash toward her... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: What asset protection is available for a single individual planning to buy real estate with a married individual ?

To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.

Julie King
Julie King
answered on Nov 19, 2022

Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... Read more »

0 Answers | Asked in Divorce for California on
Q: My ex husband committed bah fraud 20 years ago, not military retiree, can he still be punished?

He is a veteran now, this happened 20 years ago

0 Answers | Asked in Divorce for California on
Q: Is it wise to open up my own checking or credit card account before filing for divorce?

We have both agreed on how we'll be separating our financial assets.

0 Answers | Asked in Divorce for California on
Q: What if I file a request for default in the morning and on the same day in the afternoon the respondent file response?

My attorney filed a petition for dissolution (no kids) & served my spouse. 30 day passed without his response, I asked my attorney to file for a default judgment on the morning of day 31, she said she would, but she didn't file for default judgment that morning. I reminded her again around... Read more »

1 Answer | Asked in Divorce for California on
Q: How to find out if I would qualify for divorce filings fee to be waived?

I am now on board for a divorce but I make very little money as I am trying to finish up school.

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

If you qualify for a fee waiver, then the filing fee would be waived. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

0 Answers | Asked in Divorce for California on
Q: Does my retirement have to be split when I divorce.. he bought property while I was still married to him

He had no money put away that could be found

0 Answers | Asked in Divorce, Family Law and Military Law for California on
Q: Is there anyway to change my marriage date, due to it being before my annulment decree was finalized.

I got married in South Carolina and soon after filed for an annulment, the entire process took from June 2021 when the annulment process begun to February 2022 when the annulment was finalized. However I remarried in February 2022 after the hearing thinking that was the end of it. My second... Read more »

2 Answers | Asked in Business Law, Criminal Law and Divorce for California on
Q: Can I stop LLC partner stealing all $ Police won’t help say Fam Law. 2 yrs now,2 CPO DVRO w kids Divorce still 8 mo out

50 50 LLC. Husband locked me out of all banks & business when I got restraining order 2 yrs ago to protect kids & myself. He is taking 100% of money, running wild, paying all his bills and attorneys through LLC.

I’m being told even if I file in civil court it’ll just get... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 2, 2022

more info needed

if it is a Family Law issue, those of us on the Criminal law site, won't be knowledgeable to answer your question.

it sounds like a wife/husband ??? is stealing. I would think you want some kind of restraining order or maybe a "keeper" to receive money???

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1 Answer | Asked in Divorce and Immigration Law for California on
Q: Hi, i will be filing i751 this month. i am married for less than 2 years. our divorce is already approve.

i just need assistance on filing up the form since i will just file for myself without my spouse.

Al Parsad
Al Parsad PRO label
answered on Nov 1, 2022

This will involve more than just filling out the form. You’ll more likely need to apply for a hardship waiver. You should hire an immigration lawyer to help you with this.

0 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for California on
Q: Can you report possibly immigration fraud if you have a TRO against you at the same time?

My wife and I had a major argument on Oct 13. She took my 3 yo son and i thought she would take him out of the country because her J1 visa waiver was denied so i spent days looking for them. I a started a separation case to prevent her form taking my son out of the country. She eventually served... Read more »

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: I sold 100% of my business a year before I got married and agreed to take monthly payments per the sale agreement.

I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

The monthly payments would count as income available for calculating spousal and child support.

1 Answer | Asked in Divorce for California on
Q: I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agr

I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agreement without any attorneys involved.

My friend isn’t very sure how n what is all included in a divorce, she is a housewife and doesn’t make enough money to hire an attorney... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 18, 2022

She can file a motion with the court for an order that her spouse help with her legal fees. Or she can use a joint credit card or bank account to pay the attorney’s retainer fee.

2 Answers | Asked in Divorce and Estate Planning for California on
Q: Is the ex-wife next to kin?

My boyfriend passed away. The police identified my boyfriend’s mom as next to kin. She was able to plan for the funeral and handle his finances. Now my boyfriend's ex-wife is claiming she’s next to kin. She wanted to hear from police that he passed away but the police dept. never called... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 16, 2022

Your boyfriend's mother is his next of kin. Not his ex wife, because she is his ex wife. A divorce breaks the legal relationship of husband and wife. I assume you are asking out of general curiosity. What happens to.your boyfriends estate (his stuff) is not your business just as it it's... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: How do I transfer a case to kings county and have the other party served filed in Merced have be told it will be

Dismissed due to her not being found she lives in Lemoore,CA but I don’t know her physical address

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 7, 2022

You can do a motion to transfer venue and have it granted upon a showing of good cause.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I give up custody does that mean we're divorced?

Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 5, 2022

Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.

1 Answer | Asked in Contracts, Divorce and Family Law for California on
Q: A person inherited house & was with some1 not married then moves to new house & takes 200k into new home w/person

Will the person get anything if they separate after 10 years of being together ? What if new house has both people on the deed ?

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

This is a little confusing and more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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