Get free answers to your Divorce legal questions from lawyers in your area.
I’m 72 years old and recently retired due to health reasons after suffering a stroke in 2023. I have been paying alimony for 21 years following a divorce finalized in Riverside County on 11/12/2004. My former spouse, who is now around 70 and was self-employed, chose not to remarry. She is... View More 
answered on Mar 12, 2025
In general, the change in your income would be considered a change in circumstances by the court. This should allow you to file a Request for Order to modify spousal support. You can inform the court of your new income and your former spouse's ability to collect Social Security derivative... View More
I recently went through a divorce, and we have a formal court order in place requiring both parties to disclose any changes of address within 24 hours. The father moved to a new address on February 24th and refuses to share where our children are staying, stating he will only meet at a... View More
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answered on Mar 12, 2025
You have several options to address this situation, especially since there's already a court order requiring disclosure. First, document every instance in which he has refused to comply with the court order, including written communications, text messages, or emails. Keeping thorough records... View More
I filed for a default divorce in California, and it has been over 30 days since the initial filing. I have already wet-stamped form FL-170. I'm unsure if this form needs to be served to my husband. The court clerk mentioned it is not customary to serve this document, but I seek further... View More
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answered on Mar 12, 2025
In a default divorce case in California, you typically do not need to serve form FL-170 (Declaration for Default or Uncontested Dissolution) on your spouse. This form is meant for the court's review to show that your spouse has not responded within the required 30-day period. Since you've... View More
My wife is in the USA, residing in California, and I am currently in Pakistan. We have been married for about seven years, but I have never visited the USA as my immigration case is pending. Now my wife wants to end our marriage. If she divorces me, do I have any legal right to claim a share of her... View More
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answered on Mar 9, 2025
Since your spouse resides in California, the property division in your divorce would generally follow California law. California is a community property state, meaning that assets acquired during the marriage are typically considered joint property and divided equally between both spouses upon... View More
While preparing for my first hearing regarding a domestic violence restraining order allegation, my attorney unexpectedly quit, submitting a Substitution of Attorney request to the court without my knowledge or agreement, 10 days before the hearing. The judge granted this request, relieving my... View More
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answered on Mar 9, 2025
Courts typically grant substitution of attorney requests without requiring direct input or approval from the client, especially if the attorney claims a breakdown in the relationship. However, attorneys usually must notify clients in advance, giving them reasonable time to find new representation.... View More
Can the petitioner's request for a DVRO be heard by a different judge than the one assigned to our ongoing divorce case? Is there a procedure to request this?
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answered on Mar 9, 2025
Yes, it is possible for your Domestic Violence Restraining Order (DVRO) hearing to be assigned to a different judge than the one overseeing your divorce case. Although courts often prefer the same judge to handle related matters for consistency, DVRO cases can sometimes be treated separately due to... View More
I am in the process of a divorce as my wife filed for it after leaving in August 2022. I was never served divorce papers but received a notice of default in November 2024. Since then, I have not taken any legal steps, and I recently attempted to look up the case online with the case number... View More
answered on Mar 9, 2025
You have no standing to do anything until that default is set aside. File the motion to set aside based on failure to serve. Get a copy of the proof and service of the summons first, however, and see what it says about when and how your spouse is claiming you were served.
I currently have a domestic violence restraining order against my husband and filed for divorce at the date of filing the DVRO. The DVRO does not restrict my movement, and I have sole legal and physical custody. My husband has objected to my travel plans without cause. I need to travel out of state... View More
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answered on Mar 8, 2025
In your situation, a Domestic Violence Restraining Order (DVRO) granting you sole legal and physical custody typically supersedes the Automatic Temporary Restraining Orders (ATROs) regarding your ability to travel out of state with your minor child. Because the DVRO specifically outlines custody... View More
In my divorce case, the Respondent failed to submit her Preliminary Declaration of Disclosure (PDD) for two years, which led me to file a Motion to Compel Initial PDD. In response, opposing counsel eventually sent a document (FL-142) that lists bank account balances without including any supporting... View More
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answered on Mar 7, 2025
At the upcoming Motion to Compel hearing, you should absolutely bring these discrepancies to the judge's attention. The court needs to understand that the Respondent's FL-142 is incomplete and potentially misleading without supporting documentation. Be prepared with specific examples of... View More
If my wife files for divorce, will I still be able to stay in our jointly owned house with her? We have three children, and it is most likely that they will be in her custody. There are no legal agreements or orders in place regarding living arrangements.
answered on Mar 5, 2025
You cannot be forced to move out of the house unless there are circumstances involving domestic violence and the court orders you to move out.
I am involved in a divorce and domestic violence restraining order (DVRO) case with my soon-to-be ex. We both filed restraining orders against each other since 01/24/25. His attorney recently requested a continuance at the court hearing, and the next hearing is set for March 11, 2025. My ex has... View More
answered on Mar 5, 2025
I don't believe contacting attorneys to attempting to create conflicts is illegal. Merely contacting an attorney wouldn't be enough to create a contract of interest. If this is the situation, I am confident an attorney would easily recognize the situation and represent you. The judge... View More
I filed for divorce, and my wife now wants to move back into my house, which I acquired before our marriage and is my separate property. There are no children involved, and there are no legal protection orders in place. How should I handle this situation?
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answered on Mar 5, 2025
You're in a challenging situation that requires careful handling. In California, property acquired before marriage typically remains separate property during divorce proceedings, giving you legal grounds to deny your wife's request to move back in. However, the situation can become... View More
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More
The trust states the house is in my name and any of my representation. It is and will be a primary residence for both my spouse and I. Yes repairs/maintenance on the house will be both my spouse and I paying for it.
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answered on Feb 27, 2025
When you inherit a house through a family trust in California, it's considered separate property, not community property, regardless of your marital status when inheriting. The trust document specifically naming you as the beneficiary further solidifies this legal standing. Your spouse would... View More
I originally agreed to give up my spousal support at the same time my child support ends in June 2025, based on the advice of my boyfriend, who is a lawyer and drafted the agreement. There was no consideration, and I believe I was poorly advised on this decision. Since signing the agreement, the... View More
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answered on Feb 27, 2025
You have strong grounds to petition for a modification of your spousal support agreement based on several significant changes in circumstances. In California, you can file an RFO (Request For Order) with the family court that handled your divorce, citing material changes such as increased cost of... View More
I have another scheduled settlement conference on March 13th at 1:30 PM. I submitted and notified the other attorney of an ex-parte request to go straight to trial, which was denied by the judge, who instead entered an earlier time of 10 AM on the form. Given this denial, do I need to contact the... View More
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answered on Feb 25, 2025
Yes, you should contact the opposing attorney about the time change. When a judge modifies any court appearance details, it's your responsibility to notify all parties involved of these changes, even when your ex-parte request itself was denied. This ensures everyone has proper notice of the... View More
I am seeking advice on a summary dissolution of marriage. Both parties agree to the dissolution, and we have been married for less than 5 years with no assets or children that qualify for consideration. The filing party is currently out of state, and although the in-state party has signed with the... View More
answered on Feb 24, 2025
Claiming responsibility for the breakdown of the marriage is not required and is wholly irrelevant. It's not clear what (if anything) has been file thus far. Either party can file. May I suggest a limited-scope lawyer to assist you. My best regards. Rob Kane Orange County Family Law Attorney... View More
I'm separated from my husband, though we still live under the same roof. Over the last 20 years, he has redirected his earnings to untraceable investments in India with the assistance of his family, leaving us without funds for a house or our son's education. He is unwilling to discuss... View More
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answered on Feb 22, 2025
Your situation sounds incredibly challenging, and I understand your concern for both your son's future and your financial security. California law treats this type of behavior very seriously, as hiding assets during separation or divorce is illegal and can result in severe penalties.... View More
I filed for divorce in March 2023 and served my spouse with the Preliminary Declaration of Disclosure (PDD) in August 2023. Currently, no hearings are scheduled, such as a trial setting conference or any other pending hearings. I recently reviewed my PDD and noticed it was mistakenly labeled as a... View More
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answered on Feb 21, 2025
Your situation is quite common, and there's no need to worry too much about this labeling error since the content clearly shows it's a Preliminary Declaration of Disclosure. The most proactive approach would be to send a corrected version to your spouse now, along with a brief written... View More
I am going through a divorce in California, and both my spouse and I are on the deed of our home. We have filed divorce papers, but I haven’t responded yet. Can my spouse sell the property without my consent after the divorce is finalized?
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answered on Feb 20, 2025
In California, if both you and your spouse are on the deed of your home, neither party can sell the property without the other's consent, even after the divorce is finalized. This protection exists because California is a community property state, meaning assets acquired during marriage belong... View More
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