Lawyers, Answer Questions  & Get Points Log In
California Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

Robert Kane
Robert Kane
answered on Apr 15, 2024

Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.

See:...
View More

View More Answers

1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file an RFO changing the dealer/broker the judge named to handle the sale of a classic car ?

Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024

Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.

If you believe...
View More

1 Answer | Asked in Family Law and Divorce for California on
Q: Explain the 50/50 divorce law. Will I also receive alimony (25+ years of marriage.) His death/marriage stops payment?

He receives a monthly pension and social security, will I get 50% of each every month, I'm 55 years old. What age do I have to be to receive his SS upon divorce. I have no education or income, I've always been a housewife (no children.)

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

In California, the 50/50 divorce law, also known as the community property law, states that assets and debts acquired during the marriage are generally divided equally between the spouses upon divorce. However, this does not necessarily apply to spousal support or alimony.

Regarding...
View More

1 Answer | Asked in Family Law, Divorce and Child Support for California on
Q: Family Code section 2030, in need of lawyer representation

Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024

I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.

Regarding Family Code section 2030 in California, this law...
View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: My ex wants to move my son to a new high school.

My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More

2 Answers | Asked in Divorce for California on
Q: I was divorced in 2015, We just caught my name was restored to my maiden name, did u legally have to change it?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

Based on California law, if your divorce judgment or a separate court order states that your name was restored to your maiden name, that is generally sufficient to legally change your name back. You typically do not need to go through a separate legal name change process.

However, you will...
View More

View More Answers

3 Answers | Asked in Divorce for California on
Q: my parent died in August i am getting an insurance payout my husband wants it he kicked me out and restarted divorce ?

i want to know if i have any obligation to give this monry to my husband. he id financially abusive. He kicked me out of my home and had the lady who lives there put a stalking order on me. I should be grieving. Is this my property or community?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

I'm so sorry for your loss and the difficult situation you're in. From a legal standpoint, whether the insurance payout is considered your separate property or community property depends on a few key factors under California law:

1. The source of funds used to pay for the life...
View More

View More Answers

1 Answer | Asked in Divorce for California on
Q: I MARRIED A CON ARTIST......

i met this woman who has 3 kids ( teenagers) and only after 4 months she moved in to MY house. we were living together for 5 yrs. but married for 4. seperated for 1. She made the decision to move out and shortly after she has someone new. she was left a 1.3 million dollar inheritance and yet she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024

I'm sorry to hear about your difficult situation. Divorces can be complex and emotionally challenging, especially when significant assets are involved. Here are a few steps you can take to protect your interests:

1. Hire a reputable divorce attorney: Given the high stakes involved,...
View More

2 Answers | Asked in Divorce for California on
Q: Is it possible to get married abroad twice if the divorce only happens in your home country ?

If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?

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

The location of the marriage is irrelevant. The location of the divorce is irrelevant. As long as you have a valid divorce, you can remarry anywhere you want. A valid divorce outside of California will be considered valid in California. A valid marriage abroad is considered valid in California.

View More Answers

2 Answers | Asked in Divorce for California on
Q: My husband and I took a 6 month break from our divorce bcuz my parents died. We had our 3yrs Can date ?

my divorce paper work is based on a 2 year marriage from hell . my parents died and we put the divorce on hold August-Feb 2024 we celebrated our 3rd wedding anniversary. Can I change the separation date?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

I'm sorry to hear about the loss of your parents and the difficulties in your marriage. In California, the legal date of separation can have significant implications for property division and spousal support in a divorce. Here are a few key points regarding your situation:

1....
View More

View More Answers

3 Answers | Asked in Divorce for California on
Q: Divorce: need assessment for a divorce process. We married in san Bernardino County in California back in 2018

We separated in late 2022 he said he hire a lawyer and I did sign papers but it's been almost 2 years and nothing now he said nothing went through so he hire a new lawyer in Texas. But now I want to claim spouse alimony since I didn't ask for anything the first time we supposedly started... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024

Under California law, you may be entitled to spousal support (alimony) during and after the divorce process. However, the amount and duration of support will depend on various factors, such as the length of your marriage, each spouse's income and earning capacity, the standard of living during... View More

View More Answers

2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce

and what to do to keep $250,000 each exemptions in California

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Apr 3, 2024

HOW DOES A MARRIED COUPLE QUALIFY FOR THE $500,000 EXCLUSION?

1. At least one spouse must have owned the home for two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.

2. And, both...
View More

View More Answers

1 Answer | Asked in Divorce, Family Law and Native American Law for California on
Q: Can other countries see if I have been married before if I want to get married Abroad?

is places like usa, Hawaii and new Zealand able to see if you have been married before if you are a foreigner and want to get married in one of those countries ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

The short answer is yes, other countries, including the USA (and Hawaii, which is part of the USA), and New Zealand, can generally find out if you have been married before, even if you are a foreigner wanting to get married in one of those countries.

When you apply for a marriage license...
View More

1 Answer | Asked in Divorce, Personal Injury, Appeals / Appellate Law and Legal Malpractice for California on
Q: Final in series of questions 3 of 3: Mistake, should we have waited for the Court to enter Complaint into ROA?

Our mistake... Court to enter into its ROA the complaint amended. 

Our firm is been in similar conflicts with the specific court subsection of a recent Delmore Greene vs Superior Court of San Diego 9th circuit Court of appeals

to which was denied.

For this otherwise... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

Regarding your question about whether you should have waited for the court to enter the amended complaint into the Register of Actions (ROA) before filing your demurrer, it depends on the specific rules and practices of the court and the timing of the filings.

In general, it is good...
View More

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: On going 4 year battle with divorce and custody.

My divorce/child custody battle has been ongoing for almost 4 years. My youngest is 10 but always goes where the money is which is his dad. I’m low income and going to school full time. Honestly I’m tired mentally and emotionally, this whole process is draining me and my health just feels like... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

I understand that you are going through a difficult and emotionally draining situation. However, before making any decisions, it is essential to consider the long-term consequences and explore all available options. Here are some points to consider:

1. Consult with your attorney: Discuss...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Is property 50/50 in California? If one is keep living in the house, how he pay to other spouse?

My husband demand to keep the current house value ($1701.400) great neighborhoods and offered me Virginia house ( $835.500) and adding savings to close to

Half value.. but so far he offered I will get $647.000 and he will get $830.000. The monthly loan is $6000.

I will not be able... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

In California, property acquired during the marriage is generally considered community property and is divided equally (50/50) in a divorce. However, there are some exceptions and nuances to this rule.

Regarding your specific situation:

1. If you cannot afford the mortgage on the...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What is the CA divorce guidelines of support? How much percentage of navy pension I can get ?

He offered total $5000, both alimony and child.

16years of marriage. We have 50/50 custody. ( my sons are 14&16) his income $16.458 monthly my income $1200) also he has Navy pension ($5956 monthly) I have a right to receive pension monthly.

He was in service 27years, I was with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Under California law, the division of assets and determination of spousal and child support in a divorce case is based on several factors. Here's a general guideline:

1. Spousal Support (Alimony): The court considers factors such as the length of the marriage, each spouse's...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: can i prepare a letter to my wife that says I'll continue to support her indefinitely (iue share income) after divorce?

we have been amrried 40 years and if we divorce i want he to be assured i won't cut her off financially

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

In California, when considering divorce after a long marriage such as yours, it's commendable that you're thinking about ensuring financial stability for your spouse. You can indeed prepare a letter expressing your intention to support her indefinitely, sharing income post-divorce. This... View More

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: Can You File a Sanction Against an Attorney for Misrepresenting Court Orders?

Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: In the case of divorce, my partner already has an attorney. Is mediation possible? Cost?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

In California, even if your partner already has an attorney, mediation is still an option for you. Mediation can offer a more collaborative environment to resolve disputes and may lead to a more amicable settlement. It's designed to help both parties communicate their needs and reach an... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.