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 
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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
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
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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
we have been amrried 40 years and if we divorce i want he to be assured i won't cut her off financially
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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
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
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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
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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
One party already has an attorney yet I prefer mediation.
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answered on Mar 29, 2024
In Alameda County, California, the costs of divorce can vary widely depending on the complexity of the case, whether there are contested issues, and the choice of legal representation or mediation. Filing fees in California are generally consistent across counties, with the initial filing fee for a... View More
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answered on Mar 27, 2024
In California, it is possible to file for divorce even if you cannot locate your spouse to serve them with the divorce papers. The law requires you to make a diligent effort to find your spouse. This includes looking in phone books, asking relatives and friends, checking with the post office for... View More
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
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answered on Mar 27, 2024
In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do... View More
Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More
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answered on Mar 27, 2024
Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
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answered on Mar 25, 2024
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More
Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More
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answered on Mar 25, 2024
Under California law, the date used to calculate home equity for the purposes of asset division in a divorce generally is the date of separation. However, if there have been significant changes in the property's value or mortgage balance since that date, this can complicate matters. The courts... View More
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answered on Mar 25, 2024
Under California law, the division of assets during a divorce, including injury settlements, depends on whether the assets are considered community property or separate property. Typically, if the injury settlement was received during the marriage, it might be considered community property and thus... View More
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More
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answered on Mar 22, 2024
I'm sorry to hear about your difficult situation. In California, if you're dealing with divorce and property issues, it's essential to understand your legal rights, especially regarding property and housing. If you've been paying rent for a significant period, you might have... View More
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More
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answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
We are going to divorce in California, and I am considering starting a new job now that requires getting a contracting and selling license from CSLB. Is holding a license considered a type of property kind of owning a business that may arise an issue under California Community Property law? Should... View More
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answered on Mar 20, 2024
The license by itself has no value. You can't sell it to someone else for a certain amount of money, so there's nothing to split with the other party. Now if you were to start your own business, and that business became valuable, or acquired other assets that could be sold, that would... View More
I am sick in the head but text was the only way to communicate to this emotionally verbally and financially abusive husband. I feel like text are so one dimensional but I have recording. It is so difficult to claim emotional abuse as it is so personal. A word means nothing to you but but to us it... View More
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answered on Mar 20, 2024
Under California law, emotional abuse is taken seriously, especially within the context of domestic violence. Text messages and recordings can serve as crucial evidence in obtaining a restraining order (RO) against an emotionally abusive partner. While it's true that emotional abuse can be... View More
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answered on Mar 20, 2024
Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More
is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?
answered on Mar 19, 2024
Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More
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answered on Mar 18, 2024
Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into... View More
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