Get free answers to your Divorce legal questions from lawyers in your area.
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answered on Jul 26, 2024
If you're navigating a divorce, understanding these factors can help you anticipate potential alimony outcomes. It’s beneficial to gather detailed financial records and evidence of your standard of living during the marriage to support your case. Working with legal counsel can provide... View More 
My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More
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answered on Jul 25, 2024
To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More
Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former... View More
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answered on Jul 23, 2024
In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now... View More
What if that lien, after a court order to be removed immediately, stands for an additional five months no matter the excuse [in this case simple refusal]?
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answered on Jul 22, 2024
In California, an attorney can place a lien on contested property through a mechanism called an attorney's lien. This lien allows the attorney to secure payment for legal services rendered. However, the lien must be validly placed, and the attorney must follow proper procedures.
If a... View More
My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.
But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More
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answered on Jul 22, 2024
To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More
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answered on Jul 22, 2024
It sounds like you may have signed a document under the belief that it reflected your divorce agreement, but later discovered that it was altered to benefit your ex. This can be a serious issue, and it's important to address it promptly. You might want to start by reviewing the signed document... View More
I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More
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answered on Jul 21, 2024
Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More
I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More
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answered on Jul 20, 2024
Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More
Can they make me move out immediately if I have already paid the rent?
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answered on Jul 20, 2024
Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.
The new owner of the property must honor your existing... View More
I recently received my permanent residence card via VAWA and am preparing to file a divorce. There is a section “Party identification and Notice of related cases” in the filing paper that asks of any court cases filed regarding any custody, child support, domestic violence etc. Do I state my... View More
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answered on Jul 19, 2024
When filing for divorce in California, you are generally required to disclose any related court cases, including those involving custody, child support, or domestic violence. The Violence Against Women Act (VAWA) case you filed could be relevant because it involves domestic violence and might... View More
I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow... View More
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answered on Jul 19, 2024
Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and... View More
answered on Jul 18, 2024
This is a good question and we are asked this often. The answer attorneys learned in law school, to nearly every question is, "it depends." There are advantages and disadvantages to having a paralegal fill out the response paperwork for child support and divorce mediation. Keep in mind,... View More
Say I have $100,000 in a margin taxable brokerage account in a passive etf before marriage. After marriage, I decide to use my margin credit to fund our life and paying the loan back. The asset is never touched or mingled with the martial properties, only the debt.
In the event of a... View More
answered on Jul 18, 2024
California is a community property state, meaning that there is a presumption that all property acquired during the marriage, belongs to the marital economic community and is considered to be community property. The presumption is rebuttable, which means that the spouse who takes the position the... View More
Can I refuse to verbally communicate with my ex? I personally only want to communicate through the talking parents app but he insist that part of our divorce settlement he wants to communicate through our personal cellular (text and phone calls). I don’t want to because throughout the marriage he... View More
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answered on Jul 18, 2024
Yes, you can request to communicate only through the Talking Parents app, especially if you have concerns about your well-being due to past abuse. The app is a legitimate way to keep records of communication, which can be beneficial for clarity and legal purposes.
If your divorce settlement... View More
In short…. My dad being more creditworthy…. Is going to pull out a loan to help me start a business. My stepmom served him with divorce papers and I’m wondering if she would be able to take part of the business as part of their divorce settlement. And what our best course of action would be.
answered on Jul 13, 2024
It seems unlikely that your stepmom can take part of your business if my dad leaves her and is the one that pulled out the loan to help me fund it,
Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More
answered on Jul 12, 2024
You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.
Married 38 yrs and now divorcing. Do gifts from my children to me over the years qualify as marital property?
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answered on Jul 18, 2024
In California, marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. This means that assets like real estate, vehicles, income, investments, and personal belongings acquired by either spouse during the 38 years of... View More
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answered on Jul 18, 2024
In California, custody decisions are made based on the best interests of the child. At 15 years old, your preference can be considered by the judge, especially if you can articulate clear reasons for wanting to live with your dad full-time. The court will look into your wellbeing, including any... View More
answered on Jul 9, 2024
It depends on the question. For this question it cost $0. If you need a legal opinion (answer) that you can depend on it could be much more.
answered on Jul 8, 2024
If you can’t afford a lawyer, but your spouse or the other parent can, you can ask the court to order them to pay for you to hire a lawyer.
https://selfhelp.courts.ca.gov/request-for-order/attorneys-fees
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