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California Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for California on
Q: I will be filing for divorce in a couple of weeks. When should we separate our finances?

Our separation date on form is March 2024

Robert Kane
Robert Kane
answered on Jul 8, 2024

Unfortunately, it is impossible to provide you any guidance. You have determine your separation date was in March and you will be filing for divorce next week. That's not much to go on. You both have an obligation to protect your property and disclose its whereabouts until everything is final.... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What is rule 65 in divorce?
James L. Arrasmith
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answered on Jul 3, 2024

Rule 65 typically refers to a federal rule of civil procedure related to injunctions and restraining orders. However, in the context of divorce in California, there isn't a specific "Rule 65" that's commonly referenced.

In California divorce proceedings, there are some...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Extension of divorce proceeding from infliction of severe emotional distress/gross adultery to get prof. validation/supp

Family member, people from church and sexual contact with acquaintances, employer, ad infinitum

James L. Arrasmith
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answered on Jul 2, 2024

I understand you're asking about extending divorce proceedings related to emotional distress and adultery in California. This is a sensitive situation, so I'll provide some general information:

In California, divorce proceedings can potentially be extended if there are...
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1 Answer | Asked in Divorce and Family Law for California on
Q: My husband filed for divorce with the wrong date of marriage. I filed a response with the correct date of marriage.

Does he need to file an Amended Petition or can we wait for the judgment paperwork. We are in agreement in everything except the wrong date of marriage that he wrote on the Petition. What does he need to do?

James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here's what you should consider:

1. Correcting the error: While it's important to have accurate information in your divorce documents, minor errors like an incorrect marriage date can often be corrected without filing an Amended...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am separated from my husband(not divorced) am I obligated to let his parents and siblings see my kids?

He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's a general response to your situation:

1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court...
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1 Answer | Asked in Family Law and Divorce for California on
Q: I signed quitclaim deed and postnuptial agreement that severely benefits only one spouse.

What are my options and how will my divorce turn out in a 50/50 state?

James L. Arrasmith
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answered on Jun 29, 2024

Here's an overview of the key points to consider:

1. Quitclaim deeds and postnuptial agreements:

These documents can significantly impact property division in a divorce. However, their validity and enforceability can be challenged under certain circumstances.

2....
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am about to file Sanction against opposing attorney in Divorce case?

Judge ordered OP's attorney serve proposed order for my approval, but she didn't do it. she filed it without my knowledge and judge signed on it. The FOAH contains OP's fabricated orders. I want to request the court to sanction against the attorney directly. As far as I know, Family... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some... View More

1 Answer | Asked in Divorce, Family Law and Social Security for California on
Q: SSA didn’t accept final judgement of 8-17-2006 dissolution of marriage because judge signed divorce date of 5-2-1982.

Marriage was 8 years but because I found letter from lawyer saying I was not divorce till final judgement was filed. I thought that I could file for survivor benefits. Ex husband is now deceased. SSA denied the claim because SSA is going by the judge date of 5-2-82 court date of dissolution. Is... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex situation that involves the intersection of family law and Social Security Administration (SSA) rules. Let's break it down:

1. Final Judgment Date: The final judgment of dissolution was issued on 8-17-2006.

2. Judge's Signed Date: The judge signed the...
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2 Answers | Asked in Divorce and Family Law for California on
Q: My wife and I are getting a divorce. We are currently living together and she plans to give me nothing to move out.

The house is only her name and was purchased during our marriage three years ago, but she says that I signed a paper upon moving in saying that I would not take half of the house if divorce were to happen. We both have bad credit and no savings. I don’t know what my options are because I am... View More

James L. Arrasmith
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answered on Jun 26, 2024

Based on the situation you've described, here are some key points to consider and potential options:

1. Property division in California:

California is a community property state, meaning assets acquired during marriage are generally considered joint property, regardless of...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I married my spouse in India.We are living in USA for the last 13 years. Both are US citizens. Where can I file divorce?

I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information you've provided, here's some guidance on your situation:

1. Filing for divorce:

As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Is it possible to file for uncontested divorce in CA if the spouse no longer resides in the same country?

Married for 10yrs. Spouse moved back to his home country 2yrs back and is okay with uncontested divorce. No property owned, no kids, no debts. The only income was our salaries and neither of the spouses want to ask for any alimony or share in each others earnings. What would the divorce proceedings... View More

James L. Arrasmith
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answered on Jun 23, 2024

Based on the information provided, here's an overview of the situation and process for an uncontested divorce in California under these circumstances:

1. Residency requirement:

- At least one spouse must have been a resident of California for at least 6 months, and of the...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Los Angeles, CA. Married for 35 years but separated for 33, finally getting around to making it official.

Started the process and got basically to the end. Got to the 6 month waiting period, and then let another year or so pass because of some life challenges. Have I waited too long? Can I file the final papers or do I need to start over?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's my assessment of your situation:

1. You've been separated for 33 years but recently started the divorce process in California.

2. You completed most of the process and reached the 6-month waiting period, which is standard in...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: My mother passed 2016. left a will & trust. everything to 3 Sister. Oldest refuse to give younger copy of will.

may have had (living) trust changed. inheritance includes home in SF and Property in Texas.

James L. Arrasmith
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answered on Jun 20, 2024

Under California law, you have the right to request a copy of your mother's will and trust documents, especially if you are a beneficiary. Your older sister is required to provide these documents to all named beneficiaries and heirs.

If your sister refuses to share the documents, you...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: My mother passed 2016. left a will & trust. everything to 3 Sister. Oldest refuse to give younger copy of will.

may have had (living) trust changed. inheritance includes home in SF and Property in Texas.

James Clifton
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James Clifton
answered on Jun 20, 2024

Each of the sisters have a right to a copy of the will and trust. The ability to change the trust will depend on the language contained in it. If the oldest sister refuses to provide the estate documents, the other sisters can compel the production of those documents from the oldest sister.... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: When is the best time to sell the house?

I've heard that if the court orders it, we will lose $$ because the judge will force us to take a low-ball offer. Should we try to sell it and divide the profits before we go into a divorce? Thank you again for your expertise.

James L. Arrasmith
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answered on Jun 19, 2024

In a divorce situation, the timing of selling a marital home can be complex and depends on various factors, including your specific circumstances and the level of cooperation between you and your spouse. Here are some general considerations:

1. Selling before filing for divorce: If you and...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can I take out a loan on my retirement account (before we file) without being in contempt of Divorce court?
James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, here are a few key considerations regarding taking out a loan from your retirement account before filing for divorce in California:

1. Automatic Temporary Restraining Orders (ATROs): In California, once a divorce petition is filed and the other party is...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a clients how to guide for organizing their legal documents?

I am in the process of a case and have emails, original legal forms or documents, the same forms or document filled out that go back and forth with my attorney for review, the backup attachments, etc... I need to know how to organize all of these items.

James L. Arrasmith
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answered on Jun 18, 2024

While there isn't a single official "how-to guide" for organizing legal documents under California law, here are some best practices and tips commonly recommended by legal professionals:

1. Create a main folder or binder for your case, then use subfolders or dividers to...
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1 Answer | Asked in Divorce and Family Law for California on
Q: During separation but prior to divorce proceedings, can I liquidate some of a retirement account?

The account was created and funded while we were married. How do retirement accounts figure into things? What could the penalty be once we go to divorce court?

James L. Arrasmith
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answered on Jun 18, 2024

In California, retirement accounts like 401(k)s, IRAs, and pensions that were contributed to during the marriage are generally considered community property, meaning they are subject to division during a divorce. However, liquidating or withdrawing funds from a retirement account prior to the... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information you provided, it appears that your ex's attorney filed a Proposed Findings and Order After Hearing (FOAH) without your knowledge, and the judge signed it, even though the content of the proposed order was modified and differed from the court's minute order. In... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex's attorney filed Prop FOAH without my knowledge and the Judge signed it.

We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 18, 2024

Immediately file an objection to the proposed FOAH and specify in your objection, the grounds for the objection. Be very clear. Attach a copy of the minute order to your objection (assuming the minute order is different from the proposed FOAH). Since the FOAH has already been signed by the... View More

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