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California Divorce Questions & Answers
0 Answers | Asked in Divorce for California on
Q: Signed divorce agreement 1991 no spousal support, now disabled, can I get it reversed?

Signed agreement without understanding that I could never get spousal support. Now disabled and low income, need money. Ex made a lot of money. Can I get that agreement/order reversed and seek spousal support?

0 Answers | Asked in Domestic Violence, Family Law, Criminal Law and Divorce for California on
Q: If a case has this-10/1/20 Temporary Restraining Order-CLETS (Existing), is the "restrained" person in the CLETS system?

I filed a DV Rest. Order once on this person. On 10/1/20 , my case had info updated with: Temporary Restraining Order-CLETS (Existing). Im not sure if this means that this person is in the CLETS system? If so, the person was on both State and Federal probation, yet neither department knew about it.... Read more »

0 Answers | Asked in Divorce for California on
Q: My divorce judgment does not have my first name. Am I divorced or not?

As a married woman I used a hyphenated last name

Mrs. Me Maiden-Married. My divorce judgement said

Plaintiff Married v Maiden Married. As though Maiden is my first name my divorce was in NJ

1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: Is there a lawyer that can help fix this ?

After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 30, 2022

You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial... Read more »

1 Answer | Asked in Divorce for California on
Q: If my wife retains a divorce attorney, do I need to retain one as well?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

If she has an attorney and you don't you will likely be at a disadvantage. Don't risk it.

1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Divorce for California on
Q: Hello, Where can I get a " certified copy of specific law on Divorce "? Thank you
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 23, 2022

What does that mean? Certified copy of the law? What are you trying to get?

0 Answers | Asked in Divorce for California on
Q: Which last name should I use on my divorce documents now?

I recently changed my last name at my ceremony oath, and updated my passport, social security, and everything else except my marriage certificate/ License.

I did not change my last name when I got married and did not take my husband’s last name. My birth surname is on my marriage... Read more »

0 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: I have recently been giving a 50 /50 custody when i use to have more than 80%.

He use to abuse me and be very controlling, now that he has received 50% he has started to be very controlling and very difficult. he is telling me he wont sign the divorce papers unless i give him 100% custody of my daughter im currently 8 months pregnant with my second not from him and he is... Read more »

0 Answers | Asked in Divorce for California on
Q: Hello. I am getting an amicable divorce (Alameda, CA) and my ex-wife owns an LLC. Can we figure out this later ?

My soon to be ex wife and I are getting a divorce. We are still very good friends and are doing the paperwork together. She started an LLC on her name to which I participated. We would like the divorce to go forward but I also do want the company split in two in terms of ownership. Do we need to... Read more »

0 Answers | Asked in Divorce for California on
Q: How is alimony calculated in California?

My wife used to make more than I did back when she was working. She was laid off at the beginning of the pandemic and is now looking for a part time job. Is this taken into account?

0 Answers | Asked in Divorce and Family Law for California on
Q: Seeking help to petition the court to re address final divorce agreement done 2020 Can I get any money back from spouse

My wife sold home for $845K after divorce, in 2020. In 2019 she stated house was worth $535K the actual home mortgage was $490K according to my credit report. The wording of the agreements states that only the judge can make changes to the divorce after it is submitted to the court if substantial... Read more »

0 Answers | Asked in Divorce for California on
Q: Am I entitled to any property that was paid off during my marriage even tho she was paying for it before we were married

If a house is under her name and someone elses, and it was done while we were married am I entitled to half... isn't it true no property or money can transferred while going thru a divorce what will happen if it isn't followed

0 Answers | Asked in Divorce for California on
Q: Ex abandoned me leaving me with all finances files divorce request a my retirement and 755 gives her authority why?

California family code 755 gave authority to slash my retirement benefits in half pending court resolution behind my ex s request. Leaving me with all the bills then cutting my check in half that I can no longer afford to pay, how is this justifiable?

0 Answers | Asked in Divorce for California on
Q: Divorce Can I get legally separated before my husband gets sentenced to a crime and be responsible for fines? CA

He will be sentenced soon with a large amount of fines. He suggested we should get divorce to avoid making me responsible.

1 Answer | Asked in Divorce for California on
Q: CA If separated from a spouse for 15 yrs, no combined finances, no assets, and no young children - can it be contested?

I was married in California, but only lived together for 2 years. We've been separated 15 years with no combined assets/finances. Our child is now 18 years old. Is there any reason the divorce could be contested?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 7, 2022

Depends on what you think "contested" means. When filing for divorce, you file your petition and summons and then serve the other party. They either respond to the petition by filing a response or they don't. If they don't, you proceed by default, if they do, then you proceed... Read more »

1 Answer | Asked in Criminal Law and Divorce for California on
Q: My boyfriend bought a pair of diamond earrings a couple years ago and I wear them but recently left them at the hospital

And someone took them. I then bought another pair of earrings with my money to replace them. We are breaking up and he is trying to take them and claim that he can because I lost the pair he originally bought so I owe him. Can he take them from me if I bought them even if I lost the pair he bought?

Arturo Angel Burga
Arturo Angel Burga
answered on Jun 12, 2022

Sounds more like a small claims action. He would have a hard time winning this. You can keep them if you want and he won't be able to get them from you unless a judge agrees with him.

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