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California Divorce Questions & Answers
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...
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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 »

1 Answer | Asked in Divorce for California on
Q: I want to sell a car that I bought years before the marriage. Is she entitled to half the money? We are divorcing.
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Community Property is property that is acquired DURING the marriage. (sometimes in contemplation but most often during) Since you bought the car "years before the marriage" this is your separate property and she is not entitled to have of the proceeds from sale. UNLESS, you made a gift... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Traffic Tickets for California on
Q: How can the IT certification file before corporate burial services allocation that the lifecycle have discharge...upon?

Discharge...timeline for ex. AD or BC etc., Instructions Acanthosis Nigricans-solution; Benadryl Itch Stopping 1-0, 1% Cream...Extreme color code 'neck'-food safety or field marshal commission/Institute Risk Management Merchant ship port--tech, imperial, admiral, ambassador, or nonprofit... Read more »

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

I have to admit that I don't really understand your question, but I can tell you that this is not Divorce, Family Law, Real Estate or Traffic tickets, and if you don't post in the right category then attorneys who CAN understand your question won't see it. You might want to contact... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: There was divorce filed by my husband 2 years ago. We reconciled but he never withdrew the paperwork. I want divorce now

The paperwork was filed in contra costa county. We live in solano now. We only had 1 child at the time the other papers were filed. We now have 2. How do I proceed with divorce? Or am I stuck at his mercy because he filed the paperwork 2 years ago and never closed? I also want to move to my parents... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

MORE INFO NEEDED

THE FIRST ISSUE IS JURISDICTION. CONTACT A LOCAL FAMILY LAW ATTORNEY AND FILE IN YOUR COUNTY.

1 Answer | Asked in Divorce for California on
Q: I'm on step 3 I believe of my divorce. We have two minor children. I'm not requesting any child support, spousal support

I'm not requesting any kind of support (child or spousal) the father can visit when he can. Is there a form I complete or no?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 14, 2021

I'm not aware of the step designations you are referring to. i.e. what's step 3? It's not clear what you have done so far in your case or what the status of your case is at this point. When the parties are ready to submit a proposed judgment, you two can stipulate regarding... Read more »

1 Answer | Asked in Divorce for California on
Q: In CA I was served divorce. I never responded. nothing to argue about. Do I need to file a response for it to proceed

She isn’t asking for anything just the divorce.

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

You should check the "forms" on the court website, there may be a form in which you mutually consent to the terms of a divorce, if there are no minor children involved, and it is handled in an expedited manner by the court. Always a bad idea to do nothing when someone is suing you in... Read more »

1 Answer | Asked in Divorce for California on
Q: Hi question with the divorce paper I filed in Las Vegas

I received a response from the court that says like this... Re-submission of the Request for Divorce Final Decree forms

Your proposed order or document requiring a judge’s signature to the court has been returned for the following reason(s): 1. Answer or Default: The other party has until... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Divorce for California on
Q: Is a home split 50/50 in a divorce or does the split change based on which spouse contributed more to the home?

If a couple gets married and buy a house together but one spouse puts more money down on the house for instance from the sale of a home they owned prior to the marriage, will that spouse be entitled to what they put down plus half of the gain in equity of the house during the marriage?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 8, 2021

If the down payment can be traced to a separate property source, the spouse making that part of the down payment will be entitled to reimbursement of that down payment. That reimbursement credit will be taken off the top of the sale proceeds (or total equity) before the community's share is... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: How do I get full custody of my child?

I am the biological mother and allowed someone who is not the biological father sign my child birth certificate. And I want them off

Dale S. Gribow
Dale S. Gribow answered on Sep 3, 2021

I THINK THIS IS BETTER ASKED OF FAMILY LAW ATTORNEYS, NOT CRIMINAL.

IF HE AGREES TO TAKE HIS NAME OFF, MAKE AN APPT WITH A LOCAL LAWYER WHO HANDLES CASES LIKE THIS TO SEE WHAT HE WOULD CHARGE TO ADD TO THE CALENDAR AND PREPARE THE MOVING PAPERS TO ACHIEVE WHAT YOU WANT.

2 Answers | Asked in Copyright, Divorce and Intellectual Property for California on
Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

The property would likely be joint, as it was shot during your marriage, and California is a community property state. As my colleague has pointed out, the big issue would be on how to properly value the video. But neither you posting it online, or her being the one to actually film it, matters... Read more »

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1 Answer | Asked in Divorce for California on
Q: How do I go about getting a legal separation? We've only been married 8 months.
Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 25, 2021

You can either hire an attorney to handle the matter for you or you can use the court's self-help resources. Which option you choose depends on whether minor children are involved, whether there is property to be divided, issues related to spousal/child support, etc.... Read more »

1 Answer | Asked in Family Law and Divorce for California on
Q: How many days does a prenuptial agreement need to be signed before the ceremony to be considered valid in california?

And was I supposed to have a lawyer of my choosing there to go through everything with me before or during the signing?

Ryan  Beiser
Ryan Beiser answered on Aug 23, 2021

Here's the law on it: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=2.&article=2.

2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: My husband financed his house before we were married, i have paid 100 my income for 5 yrs am i entitled to anything

I am domedtic violence victim by him. And hes had me removed via exparte order

Paramprit Bindra
Paramprit Bindra answered on Aug 8, 2021

More information is needed to determine whether or not you have an interest in the house, other assets, spousal support, retirement, and child support (if applicable).

I recommend that you contact a family law attorney.

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1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: If I marry a woman with children from prior relationship can I be responsible to pay child support if we have a divorce

The biological father is not on child support I'm not sure if I would be afforded the same luxury if we were to divorce later down to the line

Ryan  Beiser
Ryan Beiser answered on Aug 3, 2021

No, unless you legally adopt them.

1 Answer | Asked in Divorce and Child Support for California on
Q: I am trying to find out what I would have to pay for child support as well as spousal support?

Is there a way to figure this out?

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 3, 2021

There's not enough information here to provide an answer to your question. You need to call an attorney directly and provide that attorney with yours and your spouse's income information and with your parenting plan

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