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California Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can a 13-year-old girl choose for her father to have full custody?

mom does not abuse and is a stay-at-home mom ( in California)

Gregory Boles
Gregory Boles
answered on Jan 23, 2023

Depends on State

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I transfer my child support case out of CA?

My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 27, 2022

I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: I served a QDRO to my ex for his signature but he refused to sign it. Just completely ignores it . what can I do ? Thank
Steven Lance Bynum
Steven Lance Bynum
answered on Dec 20, 2022

It really depends on what the rules are in your jurisdiction. For instance I typically send the order out for a signature with a letter asking for a return of the signed stipulation (or QDRO) within ten days. I typically send a second letter after the ten day period has expired with a further... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: My divorce was as finalized in 2018 in Orange County,Ca...my ex was ordered to pay spousal support, equalization payment

And I got half of his 401k. To date, he has failed to comply with any request whatsoever to pay up.What can be done ? Unfortunately due to him not complying I am penniless. Please advise and thank you very much

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 20, 2022

To divide his 401K you need a QDRO (Qualified Domestic Relations Order). Once the Plan is served with a QDRO, they pay you your share. The payment does not come from your ex. For spousal support you can get paid by using an Income Withholding Order

1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file for a divorce in California, even though I’m not a Californian resident (my spouse lives there).

My spouse and I got married in California in 2016, but I left the United States in the same year. We have not seen each other ever since, and agreed to have an uncontested divorce.

However, I was told by a paralegal in California that the petitioner of the divorce must be a resident of the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 13, 2022

The paralegal was incorrect. As long as one of the parties meets the residency requirements, you can file in California. You file in the county where he likewise meets the residency requirements. Hire local counsel to handle the case for you.

1 Answer | Asked in Divorce for California on
Q: I am not a lawyer, but I represent myself. Can emails exchanged between the other attorney and I be admissible in court?

California resident. The Case is filed and judged in California. I am not a lawyer, but due to finances have to represent myself.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 12, 2022

Communications between you and the other attorney are not confidential or privileged. Emails can be attached as exhibits to court documents. This is not the same thing as being "admissible". Before a piece of evidence can be admitted into evidence it must be authenticated.

1 Answer | Asked in Divorce for California on
Q: I need steps to get a divorce the cost for a divorce how to go about getting my name off the house and truck loan.
Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 2, 2022

The Superior Court's website contains a self-help link which includes a list of the steps in a divorce. Otherwise, hire an attorney who will take those steps for you and on your behalf.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for California on
Q: What asset protection is available for a single individual planning to buy real estate with a married individual ?

To what extent does it matter which state the property to be purchased is in, if the unmarried individual lives in community property state while the married person resides in an equitable distribution state? Thank you.

Julie King
Julie King
answered on Nov 19, 2022

Your question seeks an answer that’s much more comprehensive than a lawyer can provide in this forum. Are you seeking to protect your portion of the real estate only or do you want to protect all of your assets? If the latter, what other types of assets do you own? (Trademarks are protected... Read more »

1 Answer | Asked in Divorce for California on
Q: How to find out if I would qualify for divorce filings fee to be waived?

I am now on board for a divorce but I make very little money as I am trying to finish up school.

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

If you qualify for a fee waiver, then the filing fee would be waived. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Business Law, Criminal Law and Divorce for California on
Q: Can I stop LLC partner stealing all $ Police won’t help say Fam Law. 2 yrs now,2 CPO DVRO w kids Divorce still 8 mo out

50 50 LLC. Husband locked me out of all banks & business when I got restraining order 2 yrs ago to protect kids & myself. He is taking 100% of money, running wild, paying all his bills and attorneys through LLC.

I’m being told even if I file in civil court it’ll just get... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 2, 2022

more info needed

if it is a Family Law issue, those of us on the Criminal law site, won't be knowledgeable to answer your question.

it sounds like a wife/husband ??? is stealing. I would think you want some kind of restraining order or maybe a "keeper" to receive money???

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1 Answer | Asked in Divorce and Immigration Law for California on
Q: Hi, i will be filing i751 this month. i am married for less than 2 years. our divorce is already approve.

i just need assistance on filing up the form since i will just file for myself without my spouse.

Al Parsad
Al Parsad PRO label
answered on Nov 1, 2022

This will involve more than just filling out the form. You’ll more likely need to apply for a hardship waiver. You should hire an immigration lawyer to help you with this.

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: I sold 100% of my business a year before I got married and agreed to take monthly payments per the sale agreement.

I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

The monthly payments would count as income available for calculating spousal and child support.

1 Answer | Asked in Divorce for California on
Q: I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agr

I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agreement without any attorneys involved.

My friend isn’t very sure how n what is all included in a divorce, she is a housewife and doesn’t make enough money to hire an attorney... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 18, 2022

She can file a motion with the court for an order that her spouse help with her legal fees. Or she can use a joint credit card or bank account to pay the attorney’s retainer fee.

2 Answers | Asked in Divorce and Estate Planning for California on
Q: Is the ex-wife next to kin?

My boyfriend passed away. The police identified my boyfriend’s mom as next to kin. She was able to plan for the funeral and handle his finances. Now my boyfriend's ex-wife is claiming she’s next to kin. She wanted to hear from police that he passed away but the police dept. never called... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 16, 2022

Your boyfriend's mother is his next of kin. Not his ex wife, because she is his ex wife. A divorce breaks the legal relationship of husband and wife. I assume you are asking out of general curiosity. What happens to.your boyfriends estate (his stuff) is not your business just as it it's... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: How do I transfer a case to kings county and have the other party served filed in Merced have be told it will be

Dismissed due to her not being found she lives in Lemoore,CA but I don’t know her physical address

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 7, 2022

You can do a motion to transfer venue and have it granted upon a showing of good cause.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I give up custody does that mean we're divorced?

Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 5, 2022

Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.

1 Answer | Asked in Contracts, Divorce and Family Law for California on
Q: A person inherited house & was with some1 not married then moves to new house & takes 200k into new home w/person

Will the person get anything if they separate after 10 years of being together ? What if new house has both people on the deed ?

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

This is a little confusing and more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Child Support, Divorce, Estate Planning and Collections for California on
Q: My father owes child support arrears to my now deceased mother. She left no will and the state has ceased garnishment.

As child of which the arrears were accumulated for, how can i obtain a new minute order, directing pauments to me and my sister? No will or assets from deceased mother

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2022

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

1 Answer | Asked in Divorce for California on
Q: Is minors counsel suppose to advise parent to stop paying child support and force a work seek order
James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

No. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Divorce for California on
Q: My ex wife agreed to more favorable divorce terms to arrearments. How do I submit that to the court?

Do file an appeal? Submit the request after she signs it?

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

You should speak with the attorney who assisted with the divorce. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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