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California Divorce Questions & Answers
2 Answers | Asked in Divorce for California on
Q: Can I file for divorce without my husband? I dont have an address to serve him. Thank you for reply in advance.
James L. Arrasmith
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answered on Mar 27, 2024

In California, it is possible to file for divorce even if you cannot locate your spouse to serve them with the divorce papers. The law requires you to make a diligent effort to find your spouse. This includes looking in phone books, asking relatives and friends, checking with the post office for... View More

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2 Answers | Asked in Divorce for California on
Q: If filed for divorce, been separated for 8 years and financials will take time, can one party refuse bifurcation?

Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?

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answered on Mar 27, 2024

In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex filed "RFO Change of Venue" within LA County (Torrance to Van Nuys Court)

I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More

James L. Arrasmith
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answered on Mar 25, 2024

Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: What is the date used to calculate the home equity? Date of separation (September 2021) or at present time.

Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More

James L. Arrasmith
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answered on Mar 25, 2024

Under California law, the date used to calculate home equity for the purposes of asset division in a divorce generally is the date of separation. However, if there have been significant changes in the property's value or mortgage balance since that date, this can complicate matters. The courts... View More

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1 Answer | Asked in Divorce for California on
Q: Can you sue your wife for injury settlement she got just up and leaves one day knowing she getting millions of dollars
James L. Arrasmith
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answered on Mar 25, 2024

Under California law, the division of assets during a divorce, including injury settlements, depends on whether the assets are considered community property or separate property. Typically, if the injury settlement was received during the marriage, it might be considered community property and thus... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Which form do you need, FL-300(Ex Parte) or FL-307(reschedule)?

our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.

In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?

James L. Arrasmith
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answered on Mar 24, 2024

I would file a Motion to Continue if the date is already set and the other party has been served. Either that or stipulate with the other side.

2 Answers | Asked in Divorce and Domestic Violence for California on
Q: I am a 66 year old man who suffers from Parkinson's my wife file for divorce after 45 years of marriage is a lot more

She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm sorry to hear about your difficult situation. In California, if you're dealing with divorce and property issues, it's essential to understand your legal rights, especially regarding property and housing. If you've been paying rent for a significant period, you might have... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Handling Granted FL-306 Request for Hearing Postponement

The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More

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answered on Mar 21, 2024

In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More

3 Answers | Asked in Divorce for California on
Q: Divorce in California, Community Property Law, and a license that is required to do a job

We are going to divorce in California, and I am considering starting a new job now that requires getting a contracting and selling license from CSLB. Is holding a license considered a type of property kind of owning a business that may arise an issue under California Community Property law? Should... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 20, 2024

A license to do business is not property, is not an asset that can be divided and presumably carries no monetary value.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: what would be your strategy for a RO where the man is emotionally abusive and the wife text him to be heard?

I am sick in the head but text was the only way to communicate to this emotionally verbally and financially abusive husband. I feel like text are so one dimensional but I have recording. It is so difficult to claim emotional abuse as it is so personal. A word means nothing to you but but to us it... View More

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answered on Mar 20, 2024

Under California law, emotional abuse is taken seriously, especially within the context of domestic violence. Text messages and recordings can serve as crucial evidence in obtaining a restraining order (RO) against an emotionally abusive partner. While it's true that emotional abuse can be... View More

2 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Family Law for California on
Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
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answered on Mar 20, 2024

Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 19, 2024

Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More

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1 Answer | Asked in Divorce, Banking and Family Law for California on
Q: Ex has not turned off automatic monthly deposit to my bank. It’s not spousal or child support. Can he sue me for $ back?
James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Awarded Alimony for life & will it stop if move in to boyfriend’s rented apt?

I've been granted lifelong alimony due to a lengthy marriage. According to my divorce decree, alimony ceases only upon remarriage or death. My concern is whether moving into my boyfriend's rented place would affect this arrangement. Renting in CA is expensive, so this seems like a viable... View More

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answered on Mar 17, 2024

Under California law, alimony is typically governed by the specific terms set forth in your divorce decree. If your agreement states that alimony only ceases upon remarriage or death, then cohabitating with a partner doesn't automatically end your alimony payments. However, the situation can... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My husband kicked me out of the house and then changed the locks and then left town with all my stuff still inside?

My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More

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answered on Mar 15, 2024

If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes abandoned property in CA as in Stock market holdings?

My X spouse has not updated his new address on the joint account .Only I have.

James L. Arrasmith
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answered on Mar 13, 2024

In California, abandoned property, also known as unclaimed property, generally refers to financial assets that have been left inactive by the owner for a specified period. This can include stock market holdings, such as shares or dividends, bank accounts, uncashed checks, and safe deposit box... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: The mediator in my divorce is showing strong bias toward my husband. Is there anything I can do?

The mediator will not reply to my emails, including simple questions like “What is the status of the MSA?” He shows everything to my husband first, and only loops me in later (sometimes weeks or months later), and has taken no consideration of my side. At best, he is completely incompetent at... View More

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answered on Mar 12, 2024

In California, mediation is a voluntary process, and both parties have the right to a fair and unbiased mediator. If you believe that your mediator is biased or not fulfilling their duties properly, you have several options:

1. Discuss your concerns with the mediator: If you haven't...
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1 Answer | Asked in Divorce and Family Law for California on
Q: is the international alimony my country Jordan for just 3 months affect the alimony in california married for 23 years

I get married in Jordan and after that we go to California and married in court I went back to my country and I got alimony and the law there the alimony just for 3 months no more.and. In CA my lawyer try to get me alimony in ca but after that he told me I can't get nothing it's true or... View More

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answered on Mar 11, 2024

In California, the court considers several factors when determining alimony (also known as spousal support), such as the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage. The fact that you received alimony in Jordan for only... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband of 20 yrs file for divorce. He said we had been marry for 6 yrs since he got a work compensation. Help
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answered on Mar 11, 2024

I understand that you are going through a difficult situation with your ex-husband filing for divorce and claiming that you have only been married for 6 years. Here are some steps you can take under California law:

1. Determine the actual length of your marriage: Gather documentation such...
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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation, Family Law and Domestic Violence for California on
Q: I left aftr 19 yrs of abuse, at time wz trying to get RO, he filed lies to get RO & I've suffered. He'snarcissistnd di

I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More

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answered on Mar 11, 2024

I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.

It sounds like there are several critical issues to address legally:

1. Getting the false...
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