California Divorce Questions & Answers
Q: Hi this is Jim. My divorce has been final for four years. I live in Sonora California. I did my own divorce.
Ali Shahrestani, Esq.'s answer
If there was no court order to sell the house, you may have to file for partition to be able to do so, unless you can negotiate a resolution. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in...
If there was no court order to sell the house, you may have to file for partition to be able to do so, unless you can negotiate a resolution. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in...
Q: supervised visits have been revoked due to cancellations. Can parent with physical custody alienate child. 50/50 legal
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Divorce, Family Law and Child Support
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California
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Answered on Feb 1, 2019
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
If a court order requires equal custody and the other parent is violating that order, you may have a basis to file a motion for contempt of court order and a motion to modify the custody as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
If a court order requires equal custody and the other parent is violating that order, you may have a basis to file a motion for contempt of court order and a motion to modify the custody as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
Q: I’m currently married but my wife just got married to another man at the same county Clerk office we did. What can I do
Ali Shahrestani, Esq.'s answer
Bigamy is a crime and can be reported to the police. This assumes both marriages were legal marriages, not simply religious. You can also file for divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA,...
Bigamy is a crime and can be reported to the police. This assumes both marriages were legal marriages, not simply religious. You can also file for divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA,...
Q: Mother who can't speak English was coerced to divorcing and waiving her right to prop division. Can this be challenged?
Ali Shahrestani, Esq.'s answer
She might be able to rescind the document if she can prove that she doesn't read, write, or speak English, that it was written in English, that she didn't understand the document, and that she had no reasonable opportunity to consult with an attorney to review it and advise her. Who presented her with the document and what were the circumstances in which she was asked to sign it? Why did she did so? What did the documents state? More details are necessary to provide a professional analysis of...
She might be able to rescind the document if she can prove that she doesn't read, write, or speak English, that it was written in English, that she didn't understand the document, and that she had no reasonable opportunity to consult with an attorney to review it and advise her. Who presented her with the document and what were the circumstances in which she was asked to sign it? Why did she did so? What did the documents state? More details are necessary to provide a professional analysis of...
Q: If I can’t afford a lawyer , can I get assistance from a student ? I only have about $3000 to Spend.
Ali Shahrestani, Esq.'s answer
You may consider limited scope representation by an attorney as a more affordable option, but it's illegal for a person who's not a licensed CA lawyer to provide any legal representation of any kind, including of course a law student, paralegal, or "notario". The CA Courts website and local law libraries also offer free self-help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself....
You may consider limited scope representation by an attorney as a more affordable option, but it's illegal for a person who's not a licensed CA lawyer to provide any legal representation of any kind, including of course a law student, paralegal, or "notario". The CA Courts website and local law libraries also offer free self-help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself....
Q: Married back in 1992 wanted divorce in 1997 was dismissed as of 1998 thought was divorced for 22yrs can I file now?
Ali Shahrestani, Esq.'s answer
If you were never divorced and actually want to be, you'd need to file for divorce and serve the papers on your spouse. If appropriate, you might be able to file for a restraining order or file the pleadings without revealing your address for safety purposes. See: http://www.courts.ca.gov/1272.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...
If you were never divorced and actually want to be, you'd need to file for divorce and serve the papers on your spouse. If appropriate, you might be able to file for a restraining order or file the pleadings without revealing your address for safety purposes. See: http://www.courts.ca.gov/1272.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...
Q: wife moved out 2 ago and is still on title to the house. Is it trespassing for her to enter the without permission
Ali Shahrestani, Esq.'s answer
What is the status of the divorce and the community property division? Are there any related restraining orders or property division orders? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
What is the status of the divorce and the community property division? Are there any related restraining orders or property division orders? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
Q: I am trying to divorce an inmate in the federal prison system, How do I do this?
Ali Shahrestani, Esq.'s answer
You can file for divorce in court and serve him with the papers via a paid Process Server. See: http://www.courts.ca.gov/1033.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
You can file for divorce in court and serve him with the papers via a paid Process Server. See: http://www.courts.ca.gov/1033.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the...
Q: How can I seek divorce with an uncooperative husband?
Andy Cook's answer
You are correct that if there is a disparity in income, a court can order the high earner to pay some or all of the lower earner's fees. While you cannot sue him for emotional distress, you may be entitled to alimony or spousal support. You would need to file a motion (called an "RFO") for spousal support and probably attorney fees. He would need to file a response, or else the judge might just give you whatever you ask. Whatever the case may be, you do not need his permission or cooperation...
You are correct that if there is a disparity in income, a court can order the high earner to pay some or all of the lower earner's fees. While you cannot sue him for emotional distress, you may be entitled to alimony or spousal support. You would need to file a motion (called an "RFO") for spousal support and probably attorney fees. He would need to file a response, or else the judge might just give you whatever you ask. Whatever the case may be, you do not need his permission or cooperation...
Q: Is it better for wife to get a divorce in KSor CA? 1 child living in Kansas with Dad. Mom living in CA alone.
Angelina Bradley's answer
You will need to consult with both a California attorney and a Kansas attorney to determine what your rights are given your specific situation, and then make a choice for yourself which you believe will be in your best interests.
You can find many attorneys in the San Francisco Bay Area who can provide you a consultation.
The issue you're going to run into is jurisdiction. There is a law that states that only one state gets to make child custody orders: the state where the...
You will need to consult with both a California attorney and a Kansas attorney to determine what your rights are given your specific situation, and then make a choice for yourself which you believe will be in your best interests.
You can find many attorneys in the San Francisco Bay Area who can provide you a consultation.
The issue you're going to run into is jurisdiction. There is a law that states that only one state gets to make child custody orders: the state where the...
Q: IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION
Angelina Bradley's answer
It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?
If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your orders to an attorney to make certain — the last thing you need is for your husband to be able to order the kids to return to CA because you took them without permission. See an attorney with orders in...
It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?
If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your orders to an attorney to make certain — the last thing you need is for your husband to be able to order the kids to return to CA because you took them without permission. See an attorney with orders in...
Q: What does Jurisdiction is reserved over all issues and all present orders remain in effect except as provided below.
Angelina Bradley's answer
Bring your order to a family Law Attorney for a definitive answer. Generally, “reserving jurisdiction” means the judge is saying she can still make decisions on the issue later. All “present orders remain in effect” means that any orders that were already in place stay in place. “except as provided below” are the changes the judge made to the orders”.
Bring your order to a family Law Attorney for a definitive answer. Generally, “reserving jurisdiction” means the judge is saying she can still make decisions on the issue later. All “present orders remain in effect” means that any orders that were already in place stay in place. “except as provided below” are the changes the judge made to the orders”.
Q: together 16 years legally married 9 kids, own home What am I entitled to He says nothing because I’m a homemaker
Andy Cook's answer
That is incorrect. California is a community property state. So, if property or debt was acquired after marriage but before the break-up, while you were living in California, that property is community property. California law requires all community property assets and debts to be divided equally. The fact that you might not have worked outside of the home has nothing to do with the analysis.
That is incorrect. California is a community property state. So, if property or debt was acquired after marriage but before the break-up, while you were living in California, that property is community property. California law requires all community property assets and debts to be divided equally. The fact that you might not have worked outside of the home has nothing to do with the analysis.
Q: together 16 years legally married 9 kids, own home What am I entitled to He says nothing because I’m a homemaker
Tobie Brina Waxman's answer
You're entitled to half of community property acquired during the marriage. Items acquired during the period of cohabitation are separate property. You may or may not be entitled to a portion of his separate property. You need a consultation with an attorney to figure out what you are entitled to. You are likely entitled to spousal support in addition to child support
You're entitled to half of community property acquired during the marriage. Items acquired during the period of cohabitation are separate property. You may or may not be entitled to a portion of his separate property. You need a consultation with an attorney to figure out what you are entitled to. You are likely entitled to spousal support in addition to child support
Q: Can I file an appeal after I get the judgement of dissolution or notice of Entry of judgment
Ali Shahrestani, Esq.'s answer
There are very short deadlines for appeals. See: http://www.courts.ca.gov/12428.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...
There are very short deadlines for appeals. See: http://www.courts.ca.gov/12428.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts,...
Q: Divorce from california involving child custody
Ali Shahrestani, Esq.'s answer
If the child resides in CA, the father can file for paternity, visitation, and child custody rights in CA courts, and he would need to have the documents filed on the mom via a process server. CA Courts' website provides necessary forms and self-help instructions, if he chooses to represent himself. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...
If the child resides in CA, the father can file for paternity, visitation, and child custody rights in CA courts, and he would need to have the documents filed on the mom via a process server. CA Courts' website provides necessary forms and self-help instructions, if he chooses to represent himself. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...
Q: HELLO I'AM TRYING TO GET STARTED ON A DIVORCE PROCESS I HAVE NO CONTACT WITH MY SPOUSE SHE MOVED TO NEW YORK 7 MONTHS
Ali Shahrestani, Esq.'s answer
You can file for divorce and have her served with the papers. You may need to hire an investigator to locate her, and proof of such efforts may be needed to prove attempts at service of process. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
You can file for divorce and have her served with the papers. You may need to hire an investigator to locate her, and proof of such efforts may be needed to prove attempts at service of process. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
Q: My husband just beat me up, he just got bailed out, and I need a divorce. Is there lawyers who do pro bono work?
Ali Shahrestani, Esq.'s answer
You can reach out to legal aid centers or the bar association in your county to ask about pro bono services. You can also consult with the CA Courts website for self-help divorce forms: http://www.courts.ca.gov/formsrules.htm. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my...
You can reach out to legal aid centers or the bar association in your county to ask about pro bono services. You can also consult with the CA Courts website for self-help divorce forms: http://www.courts.ca.gov/formsrules.htm. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my...
Q: I case of a divorce of a California marriage, do I need to share with my ex what I got during the marriage and/or before
Ali Shahrestani, Esq.'s answer
Have a look at the definitions of Separate vs. Community Property and the divorce related financial disclosure requirements. This should answer some questions. See: http://www.courts.ca.gov/1039.htm. As for rents and proceeds from homes purchased prior to or during the marriage, and as for inheritances, it all depends on the facts. Key questions involve any agreements at play between the spouses, mixing of assets, and negotiation terms, among other factors.
More details are necessary to...
Have a look at the definitions of Separate vs. Community Property and the divorce related financial disclosure requirements. This should answer some questions. See: http://www.courts.ca.gov/1039.htm. As for rents and proceeds from homes purchased prior to or during the marriage, and as for inheritances, it all depends on the facts. Key questions involve any agreements at play between the spouses, mixing of assets, and negotiation terms, among other factors.
More details are necessary to...
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