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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: i am trying to get my ex served, however he cannot be located, i am doing a declaration of due diligence. can i call him

I am trying to get my ex husband served with divorce papers and i am trying to get his whereabouts, however I have a current restraining order on him. to do a declaration of due diligence, do I have to try calling him as well??

James L. Arrasmith
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answered on Feb 21, 2024

No, you would not need to attempt contacting your ex-husband directly by phone in order to complete the declaration of due diligence when serving divorce papers in California.

Detail in your declaration any other substantive attempts to locate him, such as:

- Searching public...
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2 Answers | Asked in Divorce for California on
Q: How do I get a paper to change my marriage name back to my birth name

I want to change it from Hernandez back to Ortega

James L. Arrasmith
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answered on Feb 21, 2024

Here are the steps to take to change your last name back to your birth name after a marriage in California:

1. Obtain a Name Change Petition (NC-100) and Civil Case Cover Sheet (CM-010) forms. These are available online or at your county superior court clerk's office.

2....
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1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes “unconscionable” spousal support in a postnup?

Spouse A gave up their job to move to where Spouse B lived. They only had 80K in assets and was unable to work for almost a year. Spouse B came into the marriage with 1.7M. Upon marrying they signed a prenup that Spouse A was not comfortable with, but they felt under pressure. The prenup was signed... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on the facts provided, there are several arguments that the spousal support provision in the postnuptial agreement may be considered unconscionable under California law:

1. The disparity in assets and income between Spouse A and Spouse B is quite substantial. Spouse B earning 5 times...
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3 Answers | Asked in Divorce for California on
Q: Getting divorced. Ex's atty has requested any Trust docs to which I'm a beneficiary, is this legal?
James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

Such information can be relevant to divorce proceedings. You need to have an attorney represent you. Speak with one in your area today. [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... View More

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4 Answers | Asked in Divorce and Family Law for California on
Q: I am looking for a divorce attorney for my son. Are there any attorneys that primarily focus on the man?

His wife is saying that there are no assets to be divided, but they have a house and a couple of cars. He has been a stay at home Dad for the past 10 years.

James L. Arrasmith
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answered on Feb 20, 2024

In California, there are attorneys who focus on representing men in divorce and family law matters. These attorneys understand the unique challenges that men may face in the family court system and work to ensure their rights are protected, especially in cases involving asset division, custody, and... View More

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3 Answers | Asked in Family Law and Divorce for California on
Q: Could I be awarded spousal support?

Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you may have grounds to be awarded spousal support given the length of your marriage, your role as a stay-at-home parent, and your efforts to further your education for employment. The court will consider factors such as the duration of the marriage, each spouse's earning... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: If my wife and I are separated not divorced can I give her the house with a quit claim deed and not lose the VAloan

I am a vet my wife is not. I agree to give her the house but don’t want the VA to unguarantee the loan. Will a quit claim deed in California give her the house but keep the mortgage in my name for the VA?

James L. Arrasmith
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answered on Feb 21, 2024

In California, using a quitclaim deed to transfer property ownership to your wife will indeed change the deed's name to hers, effectively giving her ownership of the house. However, it's important to understand that this action does not alter the mortgage or the loan's... View More

3 Answers | Asked in Divorce and Family Law for California on
Q: I got a legal separation dated Aug 2020. In the separation judgement I was to get half of everything.

As of to date I have received 0. How to I go about collecting what I was granted by the courts?

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 14, 2024

Your judgment should say how the assets will be divided. I don't mean "you get half". I mean, HOW you get half. i.e. whether an equalization payment is owed to you, or whether a physical item of personal property is supposed to be given to you, whether you need a QDRO to divide up... View More

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1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for California on
Q: HELP? My brother is trying to terminate a short marriage(6 years) but....he might back out because he can't pay her...?

Lawyer said he will owe her 45,000.00! His house is 100% inherited, but to refinance the loan on it he used to buy me out (his sister), he was forced to sign a quit claim to half the property? He never meant to give her his inheritance. He needed to buy me out. I'm thinking the 45k... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, property acquired through inheritance is generally considered separate property and not subject to division in a divorce. However, if your brother refinanced his home to buy you out and added his wife to the deed through a quitclaim, this could have converted what was once separate... View More

1 Answer | Asked in Divorce for California on
Q: Does stating a specific jurisdiction/state law governing a postnup ensure that it’ll be enforced in that state?

Let’s say we have a couple married in state X, with a prenup on state X. Then the prenup expired and they amended it by signing a postnup in state Y while being state Y residents. The postnup stated the postnup will be covered by the laws of state X. Are there grounds to make an argument that... View More

James L. Arrasmith
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answered on Feb 21, 2024

In determining which state's laws govern a postnuptial agreement, courts generally consider various factors, including the parties' intent, the location of the agreement's execution, and the parties' residency at the time of execution. While stating a specific jurisdiction/state... View More

3 Answers | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I have been living separately from my husband for over 10 years due to DV. If I file for divorce does he get alimony?

I got a restraining order when I fled domestic violence 10 years ago, but never filed for divorce because it was too stressful. I just got a large insurance pay out and he says he is entitled to half, I haven’t seen him in 10 years. Is this true because we have been leagally married this whole... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 12, 2024

Probably not. The passage of time without him receiving financial support from you is relevant to whether he needs it now -- 10 years later. It is unlikely the court would grant such a request from him if he made one after you file for divorce.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Como conseguir ayuda legal y alojamiento de bajos recursos para una madre y 2 hijas

Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is...
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3 Answers | Asked in Divorce and Family Law for California on
Q: Can NC parent be held in contempt if only making part of CS payments that were ordered in CA

Ex spouse was ordered to pay $3,122 a month in CS and $2,607 a month in SS with a 3 month acceleration clause on arrears.

This year I was only given $12,000 total in small amounts periodically, often going 1 or 2 months with nothing. Ex seems to think that as long as he makes any payment no... View More

Robert P. Taylor
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answered on Feb 9, 2024

Generally, for a parent to be found in contempt for failing to pay child or spousal support, the court must find that the parent had the ability to do so and willfully didn't. Contempt is what we call a quasi criminal proceeding that requires proof of intent. If someone is ordered to pay... View More

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2 Answers | Asked in Family Law and Divorce for California on
Q: What should I do if the attorney change the settlement agreement after I signed it?

I made the mistake of using a divorce attorney who is a friend of the family. At least he was supposed to be a friend of the family but he’s done nothing for me except run legal bills. I hired one attorney, and suddenly there are three showing up at court with me All billing. we’re going on... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 9, 2024

I am sorry for your issues.

Something sounds amiss. It may in fact be exactly what you say and it may in fact

be a misunderstanding on someone else's part? Your part even? IF you have

proof of what you signed and you call that to the attention of your attorney and...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Curious: Can a final judgment be made on the first hearing of divorce that was delayed if it's been 6 months?

Now that my brother has pulled the plug on a short term marriage (6 yrs), his lawyer told him his inherited house is still his but he may have to pay a percentage of the community property (his pay check) used towards a refinance to pay out my half of that house. His lawyer had the first hearing... View More

James L. Arrasmith
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answered on Feb 5, 2024

In California, a final judgment in a divorce case can indeed be issued at the first hearing, especially if the case is uncontested and all necessary paperwork and agreements between the parties are in order. However, whether this happens depends on the complexity of the case, the completeness of... View More

1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: What costs can be in CA After Judgment form MC-012? CA Legal fees to domesticate in FL? FL legal fees to pursue debtor?

I have a CA Family Law Court Order that ex-spouse owes me a large sum of money. He has made no payment on the debt. He resides in Florida. Can my CA legal fees to turn the Order into a Judgment in order to domesticate it in Florida be included in MC-0112 memorandum of costs?

Can Florida... View More

James L. Arrasmith
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answered on Feb 3, 2024

Under California law, when seeking to turn a Family Law Court Order into a Judgment (MC-012), certain costs can be included in the MC-012 memorandum of costs. These costs typically encompass fees related to the court process, such as filing fees, service of process fees, and court reporter fees,... View More

2 Answers | Asked in Family Law, Divorce, Civil Litigation and Collections for California on
Q: Does "(ccp:685.010-685.110) 685.010. (a) Interest accrues at 10 percent per annum" apply to Family Law Orders?

After divorce, I filed an RFO resulting in a Court Order that ex spouse pay me $200K+.

For purposes of calculating rate of interest on an unsatisfied debt, does the same rate apply to Orders as for Judgments as delineated in CA Codes "(ccp:685.010-685.110) 685.010. (a) Interest... View More

James L. Arrasmith
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answered on Feb 3, 2024

In California, the interest on judgments, including those from family law orders, generally accrues at the statutory rate specified in the California Code of Civil Procedure (CCP) Section 685.010(a), which is 10 percent per annum. This applies to the principal amount of a money judgment that... View More

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1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: When can Social Security be garnished to settle a CA & FL family law Court Order money judgment? Pease cite court cases.

Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex breached fiduciary responsibility and to pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming... View More

James L. Arrasmith
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answered on Feb 3, 2024

Given the complexities involved and the potential for both state and federal laws to impact the outcome, seeking tailored legal advice is crucial. This approach will help ensure that any actions taken are in compliance with applicable laws and regulations.

1 Answer | Asked in Divorce, Family Law and Collections for California on
Q: Can ex spouse IRA be garnished to satisfy a Court Order debt in California.? Please suggest court cases.

Plaintiff filed RFO because ex spouse took entirety of retirement accounts that were split 50-50 in the divorce. CA Court Order stated that Ex pay plaintiff the dollar amount plus interest and legal fees. Ex has made no payment or payment plan, claiming annuities and IRAs are exempt. Note that EX... View More

James L. Arrasmith
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answered on Feb 3, 2024

Given the complexity of these issues and the potential for significant financial consequences, consulting with a legal professional who can provide advice tailored to your specific situation is advisable. They can help navigate the legal landscape, including analyzing relevant case law and statutes... View More

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