Get free answers to your Divorce legal questions from lawyers in your area.
My wife and I separated (I didn't want to separate) but she basically forced me out of our home and got a restraining order on me without me knowing about it until I would try to come home and I would be arrested for violating a restraining order that I didn't have the opportunity to... View More 
We marred after I purchased the property. The property is in my name and heald in a trust where I am the trustee.
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answered on Jan 23, 2025
Navigating property issues during a separation can be challenging, especially when trusts are involved. In California, which follows community property laws, assets acquired during the marriage are typically considered jointly owned, regardless of whose name is on the title. Even though the... View More
I have 200 exhibits of evidence that I submitted late. The judge would not allow me to submit or re-submit them. Shouldn't I have been advised by the court that I could have a continuance and the opportunity to submit them for consideration before the judgement was made? Can I appeal the... View More
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answered on Jan 22, 2025
You raise a valid concern about procedural fairness in your divorce trial. While representing yourself (pro per) can be challenging, California courts should provide reasonable accommodations and clear guidance to self-represented litigants.
The court does have discretion regarding... View More
So i'm going to take a heloc to buyout the petitioner from her share of the equity. AT last conference the judge and attorney's got me to agree to a buyout by 3/18 with the next conference scheduled for 3/15. Both sides where to put an appraisers name into the hat and the courts would... View More
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answered on Jan 22, 2025
The court process and HELOC appraisal are two separate matters that might not automatically align. You'll likely still need to follow the court's original order about selecting appraisers unless you get explicit direction otherwise from the judge or both parties agree in writing to use... View More
My spouse are I are going through a divorce, but were still co-habitating until very recently. During the length of our marriage, we've both had unlimited access to each other's laptops and external hard-drives. A few months ago, when I went to collect old entertainment and video files... View More
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answered on Jan 21, 2025
This is a complex situation that intersects with both divorce law and digital privacy rights in California. While the hard drive may be considered community property, accessing files without explicit permission could potentially violate privacy laws, even between spouses.
The good news is... View More
I wasn’t working then and I have been working for over 2 years now with her controlling our finances with my income and hers. I make about 80k and she 55k per year. We lived here about 3 years.
A friend of my dad financed us to buy a condo before this house. We live there over 2 yrs and... View More
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answered on Jan 21, 2025
You likely have strong community property rights to the house despite not being on the title, since it was purchased during your marriage using community funds (both your incomes and proceeds from the jointly-owned condo). California law generally considers property acquired during marriage as... View More
My parenting plan designates Monday as a school day, requiring me to drop off our child at school (or to the other parent) in the morning. However, I have scheduled a necessary dental procedure for our child on a Monday at 8:00 AM that requires sedation and necessitates the child resting at home... View More
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answered on Jan 20, 2025
Hire an attorney to work through this with the other side by way of a stip and order. [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.]
Thank you for those who answered. I forgot to add a big piece of this question and that my wife was a stay at home mother the entire 23yr long marriage and was collecting Social Security Disability Insurance payment monthly most of that time. Since being served divorce papers in Jan 2023. I... View More
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answered on Jan 20, 2025
If it's a community obligation, then the parties are both responsible for the debt. Hire an attorney to work through this and avoid community waste. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... View More
answered on Jan 17, 2025
That sounds terrible, and I would love to help you, but I'm a California lawyer and not admitted to practice law in Florida. You need a lawyer who is admitted to the practice of law in your state. I only know one lawyer who may have practiced in your state, but his practice is limited to... View More
In this instance they gave me the ring for marriage. He is still paying it off and when we ended our relationship he said I can keep it via email. If this was a gift does he have a right to ask for it back? I'm just unsure how it works or how the court would see it. I have the ring still and... View More
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answered on Jan 17, 2025
There's an exception that transmutations be "made in writing by an express declaration" for "gift[s] between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is... View More
During my divorce, I submitted a discovery request:
"All documents relating to all property owned by you, whether in your name or held by another or in the name of an individual, corporation, or partnership from January 1, 2020, to the date of production in the USA and Mexico."... View More
answered on Jan 16, 2025
You cannot ask the same question or even a very similar question. The new discovery request must be different and certainly not obviously an attempt to get a second bite at that apple.
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More
So family lived in community property for 15 years. I worked and paid the mortgage for the family. She was a stay at home. She inherited a mortgage free $1mil home and then 2 years ago filed for divorce. Separation Date 1/15/23. Divorce has been taking forever and I've agreed to paying... View More
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answered on Jan 16, 2025
In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation... View More
The courts were suppose to take each of the party's requested appraisal person, select one of them or appoint one and let me know in weeks. Well, its been months and since i'm taking a second loan for the equity buyout of the ex i'm already getting an appraisal and maybe thats what... View More
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answered on Jan 15, 2025
In a California divorce, a property buy-out typically involves one spouse purchasing the other spouse's share of the property to obtain sole ownership. The buy-out amount is usually based on the current market value of the property, with adjustments for any outstanding mortgage or other... View More
Our divorce was finalized in end of Sep using mediator. He still not get some court orders to do. He did not file DFAS for automatic Navy payment to me, the court order listed he is responsible and he has to do ASAP.Now he told me we have to amend the court order because its missing information (... View More
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answered on Jan 15, 2025
You should considering hiring a lawyer to assist you. It would help lighten the load that you're currently carrying. [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... View More
Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m... View More
answered on Jan 11, 2025
First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to... View More
My divorce finalized end of September. We hired the mediator. Ex is finally going to take care of transfer retirement funds for TSP, IRA Schwab. In our agreement, it not listed when, how , who is doing for QDRO. The mediatior is going to take care of QDRO with $1000. Is mediatior be able to... View More
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answered on Jan 14, 2025
A Qualified Domestic Relations Order (QDRO) is a legal order used in California divorce cases to divide certain types of retirement benefits, such as pensions or 401(k) accounts, between divorcing spouses. The QDRO allows a portion of the retirement benefits to be awarded to the non-employee spouse... View More
I have a MSC schedule for 1/30 in Santa Monica for my divorce. I have been unable to prepare due to another MSC schedule for 1/27 for my worker's comp case. I am also experiencing extreme financial hardship due to delayed WC payments (which I believe will be resolved at that hearing), and have... View More
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answered on Jan 15, 2025
You should hire an attorney to help you work with the other party's attorneys to agree to continue the hearing, if possible. [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... View More
Currently navigating a divorce in Monterey County, California. I do not live in the home with my spouse and son, I actually live in my car and sometimes sleep at my work office. Recently, I came across a homeowner willing to cut me a huge deal on rent and utilities, making it so I can have a place... View More
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answered on Jan 15, 2025
Obviously, anything you do at this point needs to be guided by the advice of an attorney. ATROs (Automatic Temporary Restraining Orders) issue in divorce to prevent both parties from making significant changes to their financial or property status during the proceedings. [I litigate cases. Anything... View More
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