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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: I've been married 11 years and moved into my husbands house at that time. Am I entitled to any appreciation of the home?

Only his name is on the title to the property.

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 21, 2020

Whose name is on title is not the issue. If the house was purchased by your husband before you two got married, that house is his separate property. If during the marriage mortgage payments were made, the assumption would be that those mortgage payments came from community property income. The... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: ELDER MALE, 90 LAST APRIL2020. WIFE HAS $3700 MONTHLY ANUITY INCOME VS MY SOC. SEC $2000. Can I receive almony?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

You have left too many questions unanswered to determine that. Such as length of marriage, how long separated, when separated etc. However, is you would get a spousal support award based on the difference in incomes it would probably be a minimal award.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can a 13 year old deny going with her parent when the other parent allowed for staying at a friend's house?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.

The simple answer to that is, "no, they do not." Unless there is some kind of provision in the...
Read more »

2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: Will I need to notify my daughter's father that I am trying to get her resident visa in another country?

I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't seen... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to contact a family law attorney to analyze the possibility of complications in your quest for status in a foreign country for your child.

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1 Answer | Asked in Divorce and Family Law for California on
Q: my Ex will do anything to stop me and my daughters from moving in with my new partner what can I do?

I’ve been divorced for a year. I have two daughters ages 10&13. I’m getting ready to move in with my boyfriend. I am not moving out of state or out of city . what can I do to secure my shared custody of my daughters? My ex doesn’t pay child support or alimony. My ex is unhappy about the... Read more »

Mike Darlington
Mike Darlington answered on Feb 10, 2020

If there are custody orders concerning time share of your children between you and your ex and they do not specifically exclude you moving in with your boyfriend (or have some provision concerning the inclusion of a new significant other with your children) then you can do so. I would suggest you... Read more »

1 Answer | Asked in Divorce for California on
Q: When filing a divorce what happen if the man was an still married an remarriaged
Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 5, 2020

You need to re-ask your question using complete sentences. The question as phrased is unclear.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: So I am in a divorce and custody case. My ex filed divorce and custody papers but I have never been served

My ex wife filed for divorce and custody. It has been 3 weeks and I have not been served yet. But she is telling me that there is a court date. I am not sure what to do

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Check with the family law clerk in the courthouse where the action would have been filed.

If there is anything filed and a court date then they can give you all that information as well as a copy of the paperwork she filed. Don't wait to be served as there may be something that you might...
Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Separated,am I respnsble for 1/2 hse pmt on top of my new rent? is this smthng that needs to be reslvd b4 movng out?

Wife will be occupying our home until we decide resolution

Mike Darlington
Mike Darlington answered on Feb 3, 2020

The short answer is that you are responsible for half the house payment. Conversely, you are entitled to half of the fair rental value - which is usually largely a push. However, there are a lot of rules that apply to these situations and each case is different so you need to get a consultation... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can my husband take my kids in a custody battle
Mike Darlington
Mike Darlington answered on Jan 31, 2020

Are you asking if the court would award custody to the father? Of course they can. Custody is not gender based. However, if your husband is not the biological father of the children that is a whole different set of issues and there is no quick and easy answer to that.

There are just way...
Read more »

1 Answer | Asked in Divorce for California on
Q: My wife and I are divorcing and it is amicable. We have property, and have settled on how to proceed.

We have adult children and a home. We are in agreement on how to split the equity

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 30, 2020

It does not appear that you have asked a question here. What is your question? Are you seeking legal representation? If you are looking to hire an attorney, use the "Find a Lawyer" link at the top of the page. Good luck.

1 Answer | Asked in Civil Litigation, Divorce and Family Law for California on
Q: Does a waiver of right to collect retirement benefits include new plans and contributions made during the marriage?

A California prenuptial contains the following clause.

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."

Could this be interpreted to mean only those accounts that existed before... Read more »

Andy Chen
Andy Chen answered on Jan 29, 2020

I would be very surprised if the clause you quoted referred to something besides accounts and contributions made during the marriage. In California, accounts and contributions made prior to the marriage are separate property and the other spouse wouldn't be making a claim for separate property... Read more »

1 Answer | Asked in Divorce for California on
Q: My attorney is not representing my best interest! Dragging out the process in order to overcharge ime. since May 2018

His secretary said that he does not like to take it to court !! He likes to settle outside the court.

What is my rights if my attorney is not looking my best interest?????

Help please

Andy Chen
Andy Chen answered on Jan 29, 2020

You fire your attorney. If you feel it appropriate, you can hire another one.

1 Answer | Asked in Divorce and Family Law for California on
Q: In a highly contested divorce up coming trial. How do I get my journals showing my abuse admitted so the judge will see?
Mike Darlington
Mike Darlington answered on Jan 28, 2020

Limiting my answer to your specific question, you probably will not get the journals admitted for the judge to read. You can testify to the events in the journals, and have the journals with you while testifying to refresh your memory, but I doubt the court is going to admit the journals... Read more »

1 Answer | Asked in Divorce for California on
Q: Must I share inheritance that we knew nothing about at time of final divorce in 1993? I learned of inheritance in 2017.
Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 28, 2020

Inheritance is by law, separate property. Further, if you received the inheritance after the date of separation, it is even more so separate property.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can a divorce/child custody case be moved to a different county, court jurisdiction?

Our case was filed and ruled on in Mendocino County. My ex put a restraining order on me last year when I had a mental break down, I had no lawyer he did. He has full custody of our 14 year old daughter. I am now wondering if we could move the case to Sonoma County since he has moved to another... Read more »

Mike Darlington
Mike Darlington answered on Jan 27, 2020

The venue of a family law case can be changed if none of the parties still are in the venue in which it now exists. This is done by filing a Motion for Change of Venue.

At the time the motion is heard the court is going to consider various things to determine if the venue should be...
Read more »

1 Answer | Asked in Divorce for California on
Q: Is it possible to file for divorce without a lawyer without a big hassle?

My husband and I have been married for 4 years, no children, mutally decided how debt would be split, cars were owned prior to entering the marriage. We have a house, that I want nothing to do with, I am not on the loan only the title. We have no other assets, we split our bank accounts evenly and... Read more »

Jennifer Piper
Jennifer Piper answered on Jan 20, 2020

You have the right to represent yourself in court both as the Petitioner or Respondent. Some courts make the processes easier than others, provide forms and may even had a special docket if individuals do not wish to hire attorneys for divorce or custody issues. You would need to check with your... Read more »

1 Answer | Asked in Civil Litigation and Divorce for California on
Q: Does a waiver of right to collect benefits under each parties retirement plan mean contribution made during the marriage

Specifically in California what does the following clause, as written, mean as far splitting retirement accounts in equitable distribution?

"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 16, 2020

It means in the event of a divorce, each party retains their respective retirement benefits as their sole and separate property without any sharing with the other party. This clause is contingent upon the parties executing a waiver with the retirement plan/plan administrator of the retirement plan.

1 Answer | Asked in Divorce and Family Law for California on
Q: If I went back to California to live with a friend and finish school would my mom be able to do anything about it?

I am a 16 year old and I got sent away by my mother to live in Louisiana with my grandmother on her side. I didnt want to stay there and left to stay in Alabama with my Father's side of the family. I want to go back to California and live with a friend so that I can attend school there. I would be... Read more »

Mike Darlington
Mike Darlington answered on Jan 15, 2020

This is more a question for an Alabama attorney since the laws probably vary between the two states. As a practical matter your parents can, under California law, effectively force you to live with them, either separately or together, depending on the custody order from Alabama. This would be... Read more »

1 Answer | Asked in Bankruptcy and Divorce for California on
Q: can my wife and I do the division of assets after getting divorced? We are under Chapter 13 but I will continue to pay.

We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... Read more »

Timothy Denison
Timothy Denison answered on Jan 7, 2020

You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.

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