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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: Me and my wife is going through a divorce and she has gave away everything our house, my personal property

I have nothing I'm handicap and I don't even have clothes but what people gave me what do I do the police said they couldn't help me

James L. Arrasmith
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answered on Nov 16, 2024

This sounds like a very difficult and distressing situation you're in. I'm so sorry you're dealing with this while also managing your disability.

You should immediately contact Legal Aid in Sacramento at (916) 551-2150. They provide free legal assistance to people in...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Do I have another choice here?

I got denied on motion to set aside judgment and got denied on my appeal because I can not afford a good attorney. While I was on the trail to set aside the MSA judgment the judge said the premarital is not in this trial? My husband forced me to sign the premarital settlement on November 5, 1999... View More

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult situation. Even after a judgment and appeal have been denied, there might still be options available to you. For example, you could explore whether the premarital agreement was signed under undue pressure or without full understanding, which... View More

2 Answers | Asked in Divorce for California on
Q: Subject: Assistance with Filing Divorce Response in

I am reaching out to seek your expertise in reviewing and filing documents for my divorce response in Alameda County, California.

I have completed the necessary forms, including the FL-120, FL-150, and FL-160, in response to an amended dissolution of marriage. I am seeking an attorney or... View More

Robert Kane
Robert Kane
answered on Nov 11, 2024

Although there are attorneys willing to assist as you request, it's unlikely you will get a flat fee quote in thus forum. You will need to contact attorneys directly for an estimate. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case... View More

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2 Answers | Asked in Divorce for California on
Q: Can I modify spousal support if ex wife got a raise and bought a new home?

I did remarry but she is still single.

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 8, 2024

If there has been a change in circumstances that impacts her need for continued support or her need for the amount that was ordered, you can file a motion to modify. Keep in mind that your new spouse's income will be relevant and will need to be disclosed.

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1 Answer | Asked in Divorce for California on
Q: Hi I’m 66 years old leave w my husband for 46 years , he is mentally sick and refuse to get help ,

I have 4 kids betwen 36/44

He accused me I chited on him long time a go and abuse me for this,I’m not able to leave w him anymore , I’ll did everything in my power to be a good wife and good mom but it’s enough because I get sick myself

James L. Arrasmith
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answered on Nov 15, 2024

I'm so sorry you're going through this difficult situation after 46 years of marriage. Your wellbeing matters, and no one should have to endure abuse or false accusations, especially from their spouse.

Given your husband's untreated mental illness and the emotional abuse...
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2 Answers | Asked in Divorce, Civil Rights and Constitutional Law for California on
Q: Opposing counsel is ignoring my request for documents and notes, and stipulations, and other POS docs supposedly served.

Now that I am prose, I need to these items before I can move forward with our case

How do I accomplish this phone

Robert Kane
Robert Kane
answered on Nov 4, 2024

You can request your file from your previous attorney.

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1 Answer | Asked in Divorce for California on
Q: Divorce for disabled person

Client is blind, paralyzed and has filed for divorce. He is in Rossmoor care facility and needs assistance to proceed.

James L. Arrasmith
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answered on Nov 15, 2024

Your situation requires careful consideration to ensure proper legal representation and support throughout the divorce process. Being in a care facility should not prevent you from exercising your legal rights.

You can request accommodations from the court to help with your disability...
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1 Answer | Asked in Child Custody, Child Support and Divorce for California on
Q: I keep getting paperwork returned and forms added to my divorce. Can I get help with filling it out? Been 4 years.

I filed 4 years ago, default earlier this year, since I wasn’t aware of doing that. I have submitted multiple forms for review I keep getting them returned to fix errors and getting forms added. Once I complete what they ask sometimes even changing what they ask I get it back and they say not to... View More

James L. Arrasmith
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answered on Oct 31, 2024

I'm sorry to hear you're experiencing these difficulties with your divorce paperwork. Navigating legal forms can be challenging, especially when requirements keep changing.

You might consider reaching out to the Santa Ana courthouse for assistance. Many courts offer self-help...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Is Ex entitled to any of my disability check I got after date of separation even if I owe spousal support?

One time check

James L. Arrasmith
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answered on Oct 31, 2024

In California, disability benefits you receive after the date of separation are generally considered your separate property. This means your ex-spouse typically would not have a right to a portion of those benefits. However, it's important to verify whether these benefits are classified as... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: I am wondering what I can do to maintain my relationship with my step-children now that I do not have custody of them.

I left my ex-spouse last March with my two children and her two from her previous marriage(I had raised them since they were not even 1 and 2, and they are now 7 and 8). I got emergency ex-parte custody orders of my children, and was able to call the biological father of the other two so he could... View More

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry to hear about the challenges you're facing with maintaining your relationship with your stepchildren. In California, stepparents who have formed a significant bond with their stepchildren may have the option to request visitation rights through the court system. Given that... View More

1 Answer | Asked in Divorce and Child Custody for California on
Q: What results could I expect to see from filing for missed court ordered visitations? What can the courts do for me?

I feel the other party seems to think extra time in the future is a replacement for gaps in the every-other month schedule of flights.

I thought I’d made it clear earlier in 2024 I’m not open to this, “I would never not want to see [our kid].”

And I don’t know what our... View More

James L. Arrasmith
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answered on Oct 28, 2024

Filing for missed court-ordered visitations can lead the court to take several actions to enforce the custody agreement. The court may issue a warning to the other parent, adjust the visitation schedule, or even modify custody arrangements if they find consistent non-compliance. In some cases, the... View More

2 Answers | Asked in Divorce for California on
Q: Will it look bad to the courts if I change my divorce attorney a 3rd time in 2 years before final settlement conf?

Originally (early 2023) started with individual attorney at budget friendly costs where the communication and relationship went distance over the first year due to case dragged out because of my major depressive episode, ADHD issues, and OC not cooperating.

Then (early 2024) I decided to... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 28, 2024

The court couldn't care less. Your next attorney however, will care. For me personally, if I'm 3rd or even 2nd in a line of previous attorneys, when a new prospective client calls me, I question why that is and I likely won't take the case. It's a red flag.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Am I able to serve the divorce petition and summons with the financial documents all together?

I also moved back in with my parents after we separated. Do I have to include their income in the FL-150 form under section 12? Also, am I allowed to leave any sections blank if they don’t apply? Thank you!

Martha Bronson
Martha Bronson
answered on Oct 23, 2024

Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Divorce with a minor child that a family member gave us custody of, what do we need to do to ensure I will have rights?

I am filing for divorce, however, my soon-to-be ex and I have a minor child that a family member gave us custody of when she was 2 weeks old. What do I need to do to ensure I keep my parental rights? As my ex said she is going to be filing papers that give her all parental rights, basically... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Legally requirement around 401K & stock portfolio

I'm Self-Represented and my Ex has an attorney. The attorney is requesting, to start discussing financial settlement. The attorney has requested I share the most current statements for 401K & Stock portfolio.

Qs -

1) Am I legally required to share these statements? They... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.

There is no set number of days or hours that you...
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2 Answers | Asked in Divorce and Family Law for California on
Q: How is an alimony buyout calculated?

I was presented with a buyout scenario by a mediation lawyer, but I don't understand why he calculated a 5% interest earned on the money. He said if I invested the money I would earn 5%, but I am not going to invest it.

Also he calculated it for 10 years of alimony, but we were... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More

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4 Answers | Asked in Divorce and Immigration Law for California on
Q: Need help . Need to divorce my wife of 2 years. No kids. She has provisional green card. I petitioned her to come to US.
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 13, 2024

Be forewarned that she may try to enforce the I-864 affidavit of support that you filed with your Immigration case.

Even if a spouse immigrant is denied alimony in divorce proceeding, she or he can seek support as set out under form I-864. Further, the spouse immigrant has no obligation to...
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2 Answers | Asked in Divorce for California on
Q: where can I find attorney who can help me change venue for divorce from Santa Clara to Orange County.

I filed divorce in 2016. Our child and I are living in Orange County since 2017. Recently, the other party stopped make a payment for child and spousal support. The other party didn't comply the discovery and we are high conflict. I can't drive 7 hours to the court to attend the hearing... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

An attorney can help you file a motion for a change of venue (request for order) with the Santa Clara court. The court will then consider your motion along with your supporting declaration. You will need to contact attorneys directly. Take care. Rob Kane. Orange County Family Law Attorney.

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1 Answer | Asked in Divorce, Family Law and Real Estate Law for California on
Q: We purchased rental house Cupertino 2003 in which we added our son's name to the title, who was essentially handling

it as his own in tax papers. My son married in 2015 and we refinanced the loan in 2021, at which time his wife's name got added to the title. Now, he is undergoing divorce and his wife claims the property is tranmuted. Is this possible the property got transmuted during refinance? Can he... View More

James L. Arrasmith
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answered on Oct 12, 2024

When you refinanced the property in 2021 and added your son’s wife to the title, the primary intent was to meet the lender’s requirements. Typically, adding a spouse to the title for refinancing purposes doesn’t automatically change the ownership structure beyond what was initially intended.... View More

1 Answer | Asked in Divorce for California on
Q: My same friend has just been coerced into signing preliminary paperwork to start the uncontested divorce.

If she doesn't sign anything else and she doesn't want to be represented by the firm her husband pressured her to sign with, can she seek her own lawyer now?

Also, what does she say or do to officially withdraw from the husband's representation?

Thank you very much.

James L. Arrasmith
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answered on Oct 12, 2024

You absolutely have the right to seek your own legal representation. If you feel pressured or coerced into signing any documents, it’s important to take a step back and ensure your interests are protected. You don’t need to continue with the firm your husband suggested if you’re uncomfortable... View More

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