California Divorce Questions & Answers

Q: Did I make a mistake? I left my husband almost a year ago to move from cali to Ny.

1 Answer | Asked in Divorce for California on
Answered on Apr 15, 2019
Andy Cook's answer
I need more information. Where was the divorce filed, or has it been filed. You mention "divorce agreements" but I'm not sure what that means. How long have you been married and when did you start the 401K?

Q: How to domesticate an out of state divorce decree in California

1 Answer | Asked in Divorce for California on
Answered on Apr 13, 2019
Tobie Brina Waxman's answer
Depends on why you are asking. A judgment of divorce that is valid in the state in which it was given, is valid in California. You do not have to do anything. If there is something about the divorce judgment that needs enforcement here in California (such as a modification of spousal or child support), then you can register the out-of-state judgment here in California. You'll be assigned a California court case number and will be able to file your motion to modify in California.

Q: I got married in Pennsylvania and moved to California 3 years ago. Now separated. Do we need to file divorce?

1 Answer | Asked in Divorce for California on
Answered on Apr 1, 2019
Tobie Brina Waxman's answer
A valid marriage in Pennsylvania is valid here. I would be very concerned about a lawyer who states otherwise. If you were legally married in Pennsylvania your married is legally valid here in California. If you want to be divorced, then yes, you need to file for divorce.

Q: Wife's attorney is stonewalling requests for documents, though the judge asked us to reconcile -if not he will decide.

1 Answer | Asked in Divorce and Family Law for California on
Answered on Mar 30, 2019
Tobie Brina Waxman's answer
Your remedy for failure to respond to discovery or failure to provide further responses after a meet and confer is to file a motion to compel, assuming you have missed the deadline to do so.

Q: Good afternoon, recently i was served divorce papers along with custody papers. I have no idea what to say or do. HELP?

1 Answer | Asked in Divorce and Child Custody for California on
Answered on Mar 26, 2019
Vernon Charles Tucker's answer
You need to first note how you were served. Was it personal service or served on someone else which is commonly known as sub service? Was the service valid?

The reason why this is important is because it controls when your responsive pleading is due. Which will either be thirty (30) or (45) days.

You need to then decide if you are going to represent yourself or get an experienced lawyer to handle the proceedings. Is it possible that you could work out the divorce informally...

Q: Wife's attorney ignored my Form Interogatories, and my Meet And Confer letter. What's next:Discovery?or Order to Compel?

1 Answer | Asked in Divorce for California on
Answered on Mar 26, 2019
Andy Cook's answer
Probably do a motion to compel if more than 30 days have gone by since the discovery demands were served by someone other than you over the age of 18 and not a party to the action.

Q: Divorce ,......entitlement of quity of house on short term marriage

1 Answer | Asked in Divorce for California on
Answered on Mar 20, 2019
Andy Cook's answer
This is somewhat complicated. You would want to look at the difference between the value of the house and the debt on the house at the time you added your wife. Then you would want to look at the equity now. Then, you take the 2015 equity (i.e., the difference between the value and the debt then) and that goes to you. The remaining equity now gets split between the two of you, assuming there is enough equity to do all of this; if there isn't, you get all of the equity.

But if your...

Q: i Recently filed a RFO. Can I file an addendum to the RFO, prior to having my ex served?

1 Answer | Asked in Divorce for California on
Answered on Mar 17, 2019
Andy Cook's answer
Probably yes. Just serve everything you are supposed to serve, including the addendum, before the deadline. Provided the court has time to hear all of your issues in one hearing, you won't have a procedural problem. You might want to call the addendum an "Amended RFO". There shouldn't be any additional filing fee.

Q: my soon to be ex is now engaged to a women who had her kid taken away by CPS. Can I say she can't be around my kid?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Mar 12, 2019
Christina Marie Shaffer's answer
You would need to see why CPS took her children away. Depending on the details, you might want to bring it to your Judge's attention

Q: What nullifies a prenup and how does someone with language barriers walk thru the process of divorce fairly?

1 Answer | Asked in Divorce for California on
Answered on Feb 22, 2019
Tobie Brina Waxman's answer
If the person attempting to nullify the prenup, had a language barrier at the time of signing the prenup, therefore, did not fully understand what she was signing, AND was not represented by counsel at the time, then the prenup can be nullified. She should retain an attorney to handle the divorce for her.

Q: Is it possible to over turn a DUI conviction?..like when they say you blew a .89 and your 5'11"@ 160..help pls

3 Answers | Asked in Divorce, DUI / DWI, Employment Law and Personal Injury for California on
Answered on Feb 21, 2019
Alexander Bakhache Perez's answer
You should contact a local attorney that handles DUI cases near your area to ask for a free consult and review the facts of your case. The case will depend on how the evidence was obtained and the details regarding the stop and arrest as well as review the procedure and evidence that is in your case (facts)

Talk to an attorney in more detail and call for an apt. Good Luck

Q: We are both on the deed of the home we share but I'm the only borrower on the mortgage. If we split who calls the shots?

2 Answers | Asked in Divorce and Real Estate Law for California on
Answered on Feb 19, 2019
Andy Cook's answer
If the home is in both of your names, the two of you have equal authority over its disposition. If you can't agree, a judge will decide (assuming you open up a divorce case). If the house was acquired after the date of marriage but before the date of separation, it is presumptively community property.

Q: Hi this is Jim. My divorce has been final for four years. I live in Sonora California. I did my own divorce.

1 Answer | Asked in Divorce for California on
Answered on Feb 1, 2019
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...

Q: supervised visits have been revoked due to cancellations. Can parent with physical custody alienate child. 50/50 legal

2 Answers | Asked in Divorce, Family Law and Child Support for California on
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,...

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

1 Answer | Asked in Divorce for California on
Answered on Feb 1, 2019
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,...

Q: Mother who can't speak English was coerced to divorcing and waiving her right to prop division. Can this be challenged?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Jan 29, 2019
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...

Q: If I can’t afford a lawyer , can I get assistance from a student ? I only have about $3000 to Spend.

1 Answer | Asked in Divorce for California on
Answered on Jan 24, 2019
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....

Q: Married back in 1992 wanted divorce in 1997 was dismissed as of 1998 thought was divorced for 22yrs can I file now?

1 Answer | Asked in Divorce for California on
Answered on Jan 24, 2019
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...

Q: wife moved out 2 ago and is still on title to the house. Is it trespassing for her to enter the without permission

1 Answer | Asked in Divorce and Family Law for California on
Answered on Jan 22, 2019
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...

Q: I am trying to divorce an inmate in the federal prison system, How do I do this?

1 Answer | Asked in Divorce for California on
Answered on Jan 22, 2019
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...

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