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California Divorce Questions & Answers
1 Answer | Asked in Divorce and Immigration Law for California on
Q: If I marry a man whom has dept bills from his previous marriage, divorced in 2012 can those collection agencies,

Come after property that's in my name?

Kevin L Dixler
Kevin L Dixler answered on Jan 15, 2022

This is a collection and marriage based question that has less to do with immigration unless he will petition you and you may need a joint sponsor.

It will depend upon your State’s credit card laws concerning debt.

1 Answer | Asked in Divorce for California on
Q: I’m in Ca. I currently have 2 properties. One is a rental I had before I got married my husband is not on the deed or

Loan. Then we have a home together. If I sell my rental then file for divorce do I have to split the proceeds from the sell of my rental in the divorce?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 8, 2022

The rental property is separate property because you purchased it before the marriage. The community may have acquired an interest in that property however, if you made mortgage payments on that property, paid to improve that property and/or refinanced that property at any time during the... Read more »

2 Answers | Asked in Divorce, Family Law, Personal Injury and Tax Law for California on
Q: Im paying all the bills and husband hiding his money in an investment in x name. What can I do. I found bank letter

The letter was sent to my home re: Request to change address to x address. We have been married for a year.

Dale S. Gribow
Dale S. Gribow answered on Jan 7, 2022

YOU PROBABLY WANT TO ASK THIS QUESTION TO A FAMILY LAW ATTORNEY IN YOUR AREA.

CALL FOR A FREE CONSULTATION ASAP.

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1 Answer | Asked in Divorce and Civil Litigation for California on
Q: My home in California is in my name only. I bought while married. We live in the home. Can my husband legally take?

He signed a quitclaim deed when I bought.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 7, 2022

Generally, a home purchased during the marriage is community property. Whose name is on title does not change that. A Quit Claim deed also doesn't necessarily change that. It depends on the expressed intent of the parties at the time of execution of that Quit Claim deed and it depends on... Read more »

1 Answer | Asked in Divorce for California on
Q: I was served divorce papers and missed the respond date, discovered a prior marriage still valid. Should I respond?

Prior divorce never went through because the petitioner never followed through

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 22, 2021

Of course you should respond. Hire an attorney. You have a void marriage with a petition for dissolution pending. Don’t self represent.

1 Answer | Asked in Divorce for California on
Q: Hello, my name is Lilia. I would like to know how I can divorce my husband, with whom we do not live.

I want to get a divorce and change my surname for myself and my children. Can you help me with this? Thank you!

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 20, 2021

As long as you meet the residency requirements, you can file for divorce here in California and in the county in which you live. The obstacle is getting him properly served. There are process servers that specialize in international service of process.

2 Answers | Asked in Divorce and Estate Planning for California on
Q: Does a notary have to be from California if Ex is living overseas?

1. My Ex-wife is living in Korea and will need to complete it there designating our son as her PoA representative. Can a notary at the US Embassy sign the form or does the notary have to be from California?

2. If she completes the form can a scanned and printed copy be used by my son to... Read more »

Sally Bergman
Sally Bergman answered on Dec 16, 2021

When an individual signs a US document in a foreign country that would typically require a notarization, they should seek the assistance of the local US Embassy who will provide the equivalent of a local notarization. Once that is completed, a good quality scan should be all that any institution... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Tax Law for California on
Q: My Ex exercised half the shares of community assets before splitting our stocks and did not communicate causing loss

My Ex is supposed to give 50 % of his pre-ipo stocks over to me and keep me informed what he is doing with them. But he kept me in dark exercised 50% of them and never gave me an option to exercise as it was community property in his name and now claims all exercised shares are his. Now if i agree... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2021

more info needed.

it sounds like a family law matter and I do not accept divorce matters.

present this to your divorce attorney and if you don't have one request a courtesy consultation with one

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: My Ex has not made good on his promise to buy me out of our home. Can I take him to court to get this resolved?

We agreed to keep the assets out of the divorce and handle it amicably between us. This was not entered into our divorce decree. Twice he has given me a verbal that he would refinance and buy me out. Then he tells me he is waiting to use the equity in our home to purchase his parents home from his... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 23, 2021

you can initiate a partition action and force his hand to sell the property or buy you out. you will need to consult with and hire a real estate attorney for such a legal action.

1 Answer | Asked in Divorce, Family Law, Communications Law and Domestic Violence for California on
Q: What form do I need for an amendment that covers communications about my children and properties please?
Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2021

amendment to what?

will/trust?

holographic or written? notarized?

is this a family law question? i only handle criminal and PI...............

1 Answer | Asked in Child Custody and Divorce for California on
Q: hi, my name is jesus im desperate to get help for my divorce but cant afford a lawyer can someone help me please

i have 2 kids in the marriage and im getting threaten and intimidating by their mother i really need help

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

Sorry you are having problems. You should look for a local Legal Aid Society or contact the County bar association where you live. Unlikely you will receive free legal services from a private attorney. Family Law matters are very complex and take a lot of time. Attorneys get paid for their time.

2 Answers | Asked in Divorce, DUI / DWI, Estate Planning and Real Estate Law for California on
Q: Need financial help to get my divorce or find a probono family divorce attorney I been messed over by my wife and she

Messing my life up please some one help me

Dale S. Gribow
Dale S. Gribow answered on Nov 6, 2021

YOU ARE POSTING THIS ON A DUI WEBSITE.

REPOST ON FAMILY LAW AND INDICATE CITY NEEDED.

ALSO CONSIDER LEGAL AID IN YOUR AREA.

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1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Domestic Violence for California on
Q: It can get removed from prison records?

I have some cases from the courts and etc. because I really need help. and I need a deaf lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2021

IF YOU CAN'T AFFORD A LAWYER, REQUEST ONE AT THE ARRAIGNMENT......AND ASK THE JUDGE FOR ONE WHO SIGNS??? OR AN ASSISTANT WHO DOES SO.

1 Answer | Asked in Divorce for California on
Q: discontinuing alimony

My ex wife has been receiving my alimony payments of $500 for the last 6 years. She will now be in a position that her income is increased considerably as she reached full retirement age and will receive 1/2 of my social security amount.

I would like to discontinue payments since I... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 26, 2021

You don't want to discontinue payments without obtaining a court order allowing you to do so. Just stopping payments will put you in violation of existing orders (or your Judgment). You can obtain this order by stipulation between the parties or by filing a Request for Order re Modification... Read more »

1 Answer | Asked in Divorce for California on
Q: Advice Needed: US citizen divorcing a UK citizen

I am a US Citizen who moved to Northern Ireland in November 2011 to marry a man I'd been in a long distance relationship with for three years. We married November 22, 2011 at a Council building in Larne, County Antrim. We lived together as a couple until July 19th, 2021 when we separated. I am... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 15, 2021

It looks like you posted this question from Massachusetts, but posted for attorneys in California. Assuming that you are in California, as long as you meet the residency requirements, you can file here. The residency requirement for filing for divorce in California are that you have lived in CA... Read more »

1 Answer | Asked in Domestic Violence, Criminal Law, Divorce and Civil Rights for California on
Q: I want to know what I need to do when I have been wrongfully convicted of domestic violence,& want it overturned/reverse

I have wife who has & is still lying saying that I've done horrible things to her, where when I have literally done not even one single thing to her at all & I feel all the way helpless with the despair of not be able to defend myself from such a terrible unthinkable & most... Read more »

Joseph Abrams
Joseph Abrams answered on Oct 4, 2021

If you have been "wrongly convicted" I have to assume you had a trial or the opportunity to reach a plea deal. As such, you should ask your attorney in the case what your appeal options are, or otherwise consult with an experienced criminal appellate attorney.

- Law Office of...
Read more »

1 Answer | Asked in Divorce and Collections for California on
Q: How to renew a judgment

My x husband didn't pay me what the judge had ordered him to pay in our divorce

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 27, 2021

You don't need to renew your judgment. What you need is to enforce it. You need to find an attorney who does collections or judgment enforcement proceedings/procedures.

1 Answer | Asked in Divorce for California on
Q: Is it hard to prove spousal abandonment

For no reason my wife moved out and moving with her daughter and never came back

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2021

There are 3 ways to end a marriage in California, annulment, legal separation and dissolution (divorce). California does not recognize abandonment as a ground for divorce according to Family Code Sections 2310 to 2313, which states, “irreconcilable differences or incurable insanity” as... Read more »

1 Answer | Asked in Divorce for California on
Q: How is home property divided if the spouse was the one making all the mortgage payments?

My spouse was the one handling the mortgage payments given that she made more than me. We got the house while being married but her name is on the title and mortgage. I supported her not necessarily by financial means but more as taking care of the house: once moved in I took care of handling home... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Division of Community Property is tricky and complex. You really need to contact a local Family Law Attorney for input on your particular case.

1 Answer | Asked in Divorce for California on
Q: what form and how do i file a motion to dismiss a divorce on lack of jurisdiction?

my wife and son were staying temporarily in California for their safety while our home was being remediated/ renovated. while out in California she decided to file for residency for both her and our son, without my knowledge or consent, and then file for divorce. it was stated and agreed upon prior... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear you are having this problem, but you really need to hire an attorney where this case is pending to properly represent you. There is no form contesting residency of the petitioner in a dissolution proceeding in California, it has to be specially written. You need an attorney to... Read more »

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