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.)
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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 
I am acting pro se, the defendant was served by a process server on Jan 26, they filed their reply via counsel on Feb. 29, making it late. I filed a Motion for Default Judgment, which will be heard on April 15. The lawyer sent me an email with the following - My client filed a Response on February... View More
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answered on Apr 12, 2024
Based on the information provided, it seems that the defendant's attorney has a valid point. Here's why:
1. Late filing: Although the defendant's response was filed late (on February 29, 2024, instead of the due date), the court has accepted and filed the response. This... View More
My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left
to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of... View More
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answered on Apr 12, 2024
I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:
1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you... View More
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.
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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
I attended remotely a year ago and the remote hearing system glitched out and wouldn't let me attend, and I feel as though that was the main reason the order was granted initially, since I had to attend by phone, was "late", and couldn't present my evidence.
I really... View More
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answered on Apr 11, 2024
Based on the information you've provided, it seems like you have a valid concern about attending the hearing remotely, given the technical difficulties you experienced last time that prevented you from fully participating and presenting your evidence.
In general, attending a DVRO... View More
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
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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
I don't want to get stuck with paying child support. I want to take care of my kids.
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answered on Apr 10, 2024
In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:
1. Establish paternity: If you haven't already done so, legally establish... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
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answered on Apr 10, 2024
I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.
Given... View More
My husband threw me out and took off to live with some people in Oregon. We own a house there and he keeps blocking me from going there. He has triangulated them to the point the woman put a stalking order on me. I have a check receipt he is collecting rent which I intend to do at the DVRO hearing... View More
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answered on Apr 10, 2024
I'm sorry to hear about your difficult situation. Dealing with property disputes during a marital separation can be very stressful, especially when there are protection orders involved. Here are a few things to consider under the law:
1. Jointly owned property: If the house is jointly... View More
My husband kicked me out and I was not here for over 30 days. My husband left and I came home to a fly, ant, mouse, and maggot infested house. The drain got stopped up and it took him a week to comply I am charging him to clean it this time. Now I asked for mouse traps not only are they saying its... View More
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answered on Apr 10, 2024
I'm so sorry you're going through this incredibly stressful and upsetting situation. Here are a few steps that I recommend:
1. Document everything thoroughly with photos, videos, and written records. Take pictures of the state of the house, the pest infestations, and any damage.... View More
My husband and wiped his hands of me. He moved on but I got stuck in his moms house. He trashed it and it is infested with flies mice, maggots, and ants. The atrium backed up and was leaking in the garage and it took him a week to address it. I have a garage full of trash and the house smells like... View More
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answered on Apr 6, 2024
I'm sorry to hear about your difficult situation. Under California law, you may have a few potential legal options to seek compensation from your husband for the damage to the property:
1. Property damage claim: You could file a civil lawsuit against your husband for the cost of... View More
I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More
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answered on Apr 6, 2024
As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:
1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for... View More
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answered on Apr 5, 2024
In California, when a married couple separates, both spouses are still legally responsible for joint debts and obligations, including mortgages, insurance, and other shared expenses related to jointly owned property. This is true even if one spouse moves out of the shared residence.... View More
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answered on Apr 5, 2024
Based on the information you provided, it seems that you accidentally caused a wooden utility pole to break by dropping a branch on the power line. You mentioned that the branch was not heavy and the pole was old and rotten.
In this situation, your legal responsibility may depend on several... View More
Please explain in the simple terms haha. What’s a direct attack vs collateral attack?
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answered on Apr 4, 2024
The phrase "looking over the record" in the context of a judgment being "void on its face" refers to examining all the court documents and filings in a case, including those filed after the entry of judgment, to determine if the judgment is invalid or void based on the... View More
I’m in search of a low income lawyer that’s able to help with my divorce along with child support. It’s been an ongoing battle for almost 4 hrs and my ex recently got a lawyer and I’m scared that he will take the kids away since I’m proper and he has a lawyer. Any recommendations or any... View More
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answered on Apr 3, 2024
I understand your situation and the stress you must be going through. Here are some resources and options you can consider in California:
1. Family Law Facilitators: Each county in California has a Family Law Facilitator's office that provides free legal assistance to individuals who... View More
and what to do to keep $250,000 each exemptions in California
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
Had a lawsuit in for deliberate indifference and negligence was doing a pro say because I cannot find any help. The only reason they kicked out the lawsuit was because they kicked me out of prison and said I didn't change my address. Now I have to restart the entire process. I had a government... View More
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answered on Apr 3, 2024
I'm so sorry to hear about the incredibly difficult situation you've been through. Dealing with a serious medical issue like a brain tumor is challenging enough on its own, let alone while incarcerated and facing legal battles. It sounds like there were serious failures in your medical... View More
From 2021 to current did with a paralegal and was denied due to Good Morning, the documents were rejected stating there needs to be "specific orders regarding spousal support in order to be processed" it says the "body of your current order does not specify as to spousal support but... View More
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answered on Apr 3, 2024
I understand your situation and the challenges you're facing in trying to enforce your alimony order and collect past due payments through wage garnishment. Here are a few steps you can take to try to get legal assistance:
1. Contact legal aid organizations in your area. Many provide... View More
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 ?
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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
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