In the case of divorce - Trust 1, which has a clause that names the beneficiary as spouse A & states distributions are not community property, owns an S corp (an LLC). The S corp paid distributions to spouse A, which were claimed jointly as non passive income in a community property state (AZ).... Read more »
answered on May 25, 2022
Unfortunately, you are asking a very difficult question. The answers hinge on the documents currently in place as well as the status of the divorce. The attorney will need to see if there is premarital agreement in place. If so, that agreement may control. We also need to look at the S... Read more »
We had a confidential marriage.. and she left for 9 days I had our daughter till she found out she can't get housing without her l. Then she put me in jail cause I had a misdemeanor warrant so she called me to church lead Me to believe that she wonted to work it out with our family,sent the... Read more »
answered on Apr 3, 2022
This was filed as a question for Arizona, but I see you're in California. California has a confidential marriage license; Arizona does not. Still, Arizona will recognize marriages legally entered into another state even if their procedures are different than Arizona's.
I'm... Read more »
She has twice postponed her wedding date and I feel like it's just so that she can keep collecting spousal maintenance from me.
answered on Feb 9, 2022
Your options will depend on what was ordered by the Court. I recommend contacting an experienced family law attorney.
Question on a 401k that I had prior to getting married. Everything I’ve read is it is separate property and not divisible at divorce. Are the gains from that account also separate property? My wife is saying the 401k balance prior to marriage is separate property, but the gains are community... Read more »
answered on Jan 20, 2022
So long as there were no contributions during the marriage, then every penny of your 401(k) will be considered your separate property. You owned it prior to the marriage, and you alone get to benefit from any increases.
Perhaps you could convince her by asking her whether she would have... Read more »
Been married for almost 13 years just started working 3 years ago but I won't make it to pay rent.
answered on Jan 15, 2022
Yes, it's possible. You will need to ask for spousal maintenance, and will likely need to ask for temporary spousal maintenance. Whether or not a Court will actually order spousal maintenance is a different question and probably only be answered after a consultation.
My brothers wife filed for divorce, she states MY brother is sole owner she's not entitled to MY PROPERTY, in her petition for divorce. When this was brought to my attention i contacted wife to explain I own the property which I believe she fully understood this fact, i told her that even tho... Read more »
answered on Jan 4, 2022
I inadvertently hit return on that last answer too soon!
You could file, on your own behalf, a Motion to Intervene, asserting that you need to be a part of the action in order to protect your property rights. Otherwise, you would simply be hoping your brother would be protecting your... Read more »
answered on Nov 16, 2021
Every law firm is of course different. Ours does offer a flat fee for an uncontested divorce. Please email me directly for an exact quote.
Unhealthy marriage domestic abuse I had a restraining order against him fearing for my life. He is now in Prison and I want to be divorced but don’t wAnt him to know my whereabouts
answered on Nov 6, 2021
Arizona law does permit you to respond to the divorce while also seeking that your address be protected. Or, if his matter has already been dismissed for his "lack of prosecution", you could start the process over by filing your own petition, again while seeking that your address be... Read more »
My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... Read more »
answered on Nov 6, 2021
So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.
Do you have a pending... Read more »
answered on Nov 6, 2021
There can be advantages to both. I would need to know more.
Because our market is so hot it certainly may be wise to sell even in advance of the divorce being filed, so long as there is an agreement as to how to handle the net proceeds.
But, if there are other financial claims to... Read more »
In a divorce can I have my husband op out of dipping into my retirement account in writing and summit to the court? I’m 54now but want to prevent him when i turn 67
Can it be on record through the court?
answered on Oct 31, 2021
In any divorce, the parties can reach an equitable settlement which can be ordered by the court, so the answer to your question is, "yes."
Staying in Yuma indefinitely for work. Can I file a motion to dismiss the divorce case because Maricopa county does NOT have jurisdiction? (P.S. I do not want the divorce)
answered on Oct 19, 2021
Maricopa county has jurisdiction if he has been living here for 90 days prior to filimg but you can file for a change in venue.
answered on Sep 29, 2021
Yes, it all just depends on how the calculation comes out.
I make more because I had to work to support the family. He didnt want to work, he's a musician.
Will I really have to pay him support? He filed, he wants out and yet I have to pay him?
answered on Jul 20, 2021
Whether you have to pay spousal maintenance depends on a lot of factors. It is not automatic that you'll be paying spousal maintenance simply because you earn more money.
Spousal maintenance is a complex and gray area of the law, and it's much more complex than I'm going to... Read more »
answered on Jul 20, 2021
You don't need all of it, but you need some of it, particularly their contact information.
answered on Jun 15, 2021
Yes, if no funds are going into them, it is OK to close and divide them. Just make sure you provide your spouse an accounting and provide your spouse half of what is in the accounts.
The concern of the Preliminary Injunction is to ensure that you don't transfer assets for the purpose... Read more »
answered on Jun 14, 2021
It depends on your judge's calendar. Right now, in Maricopa County, we're seeing trials being set for October, and generally right now I'd expect a trial being set to be set for sometime in the fall.
answered on Jun 11, 2021
That is not easily answered as there are a number of reasons that a case can take time. The fastest you would be able to get a divorce is 60 days in Arizona as there is a statutory "cooling off" period, meaning a judge can't sign an order until 60 days after the other party is... Read more »
Decree says I get the house once I'm financially able to refinance. Ex decided he wanted the house and I agreed he can have it. He tried refinancing but was having issues because of the decree. Is there a way to change the decree?
answered on May 29, 2021
Your Decree can be modified by stipulation provided both former spouses agree. I recommend that one of you hire a family law lawyer to assist with this modification.
In her response she came back asking for more money, more property, demanding she stay on my cell phone plan, and I have to keep her on my health insurance. I agree to her request for the health insurance and VA education benefits per eligibility requirements with Tri-care and the VA. I have... Read more »
answered on May 21, 2021
You should at least have an experienced family law attorney review your new proposal and you should always have an attorney if you have a court hearing.
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