Lawyers, Answer Questions  & Get Points Log In
California Divorce Questions & Answers
3 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for California on
Q: Can a bio parent give their 50% custody to a step parent?

Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?

Mike Darlington
Mike Darlington answered on Jul 7, 2020

No

View More Answers

2 Answers | Asked in Divorce for California on
Q: I'm looking for some basic divorce advice to progress an agreement with my husband.

We separated during Covid, have no children together and co-own the house that was bought with my money.

He was supposed to pay his half within a year and has not. A sellers loan was taken for that which is now due in a year. I can't get credit to take over that loan as I am an... Read more »

Rossana Pilar Mitchell
Rossana Pilar Mitchell answered on Jul 6, 2020

This is a family law matter and needs to go to family law court to determine his reimbursements if he’s entitled to anything. Pre-nap may be unenforceable enforceable because they were no attorneys involved please contact my office but a case like this retainer would be 3500 my office number is... Read more »

View More Answers

1 Answer | Asked in Divorce, Employment Law, Family Law and Domestic Violence for California on
Q: How can i protect myself from my husband?

Hi,

I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 6, 2020

It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: I married &moved with my husband in 2019 leaving my job(no income) what financial comp/support can I ask after divorce

I am currently completely dependant financially on him, since I dont have a work permit in the US. Also for the wedding it was agreed that we split expenses which never happened, I and my parents ended up paying for everything.

We don't have any children together.

Chris M. Bradford
Chris M. Bradford answered on Jul 5, 2020

In the divorce you can ask for spousal support, formerly known as alimony. Spousal support for a marriage less than ten years can be paid for up to half the length of the marriage. For example if you were married before separation for 20 months you can ask for spousal support for up to 10 months.... Read more »

3 Answers | Asked in Divorce for California on
Q: Hi, Thank you for your help in advance. I am looking to file for divorce and looking for an attorney to help me.

We have one child and own a home. I really need to know where to start with a goal of needing the equity from our home to make this change in my life. Hope for guidance as to how to get started to not make a mistake along the way.

Chris M. Bradford
Chris M. Bradford answered on Jul 3, 2020

If you live in Petaluma, always good to hire a local attorney near Petaluma. Best advice, call a minimum of 3 attorneys. Go for a first interview only. Don't sign up until you have talked to at least 3. Then decide. There will be pressure to sign up. But take your time. You will be surprised... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Divorce and DUI / DWI for California on
Q: Is it illegal to pay a court clerk to inform you when a celebrity court case is filed?
Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Small Claims for California on
Q: Is there a way to get alerted when a celebrity court case is filed?
Dale S. Gribow
Dale S. Gribow answered on Jul 1, 2020

not that i know of.

my job was usually keeping the press away when celebs got arrested....

sometimes the police, Clerks or DA would notify press

View More Answers

1 Answer | Asked in Divorce for California on
Q: Going through a divorce. We both have legal guardianship of my great niece. Do I put her on my divorce papers?

She is not adopted but we have had her for 10 years.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

You don't list her on the divorce as your child because she isn't. You are only the guardians. You should still let the divorce judge know by listing the fact that you are the guardians on the "other" box on your divorce papers. The judge in the divorce needs to know the... Read more »

1 Answer | Asked in Divorce for California on
Q: My husband's lawyer subpoaned my mom's business for her employment records. Can't they just subpoena the payroll service

I work for my mom-my husband subpoenaed her small business for the payroll records and credit card statements.

Can't his lawyer go ahead and subpoena the payroll service and credit card company?

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

If you think the subpena is asking for too many things, you would be making a claim that the subpena is "overly broad." You should discuss this with your own attorney. In certain situations an objection can be made to stop it or "limit" the subpena. It is not recommended that... Read more »

1 Answer | Asked in Divorce and Tax Law for California on
Q: Can I still claim my stimulus check money if I filed my taxes in 2018 but left the US after that?

I reside outside of the U.S. right now, however, my ex-husband (though he is still working on his divorce papers) got the check through our old joint bank account and refuses to send it to me.

He explains that since I am not physically in the U.S. he can not send my check to me and he... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

You say you "ex-husband" is working on his divorce papers. Does that mean he is working on the divorce papers from you? The divorce papers that he or you filed in California? If the California divorce is not finished between you and him, then he is not your ex-husband yet. It sounds... Read more »

2 Answers | Asked in Divorce and Family Law for California on
Q: Hello, I want to make a mutual legal agreement/document with my spouse. Do I need a family lawyer or a mediator?
Mike Darlington
Mike Darlington answered on Jun 17, 2020

You should use a family law attorney. An agreement outside the court in a mediator's office has no legal significance until approved by the court.

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce in California

If I have finished transfer the money in my bank account to someone else under their title to minimize the amount of money split with my wife when divorced and I want to file a divorce after that, how long does it legally take for the transfer to take place so that if the divorce is successful, the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 15, 2020

That’s fraud and breach of fiduciary duty for which you can be sanctioned.

View More Answers

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for California on
Q: Can i record an abstract on a partial judgement on reserved issues that hasnt been finalized

I recorded a partial judgement on reserved issues that wasnt the final judgement ....what should i do?

Nathan Wirtschafter
Nathan Wirtschafter answered on Jun 14, 2020

Generally, an abstract of judgment is issued and recorded on the final judgment.

However, in certain circumstances, the clerk of the court will issue an abstract on a partial judgment. See Lucky United v. Lee (2010) 185 Cal.App.4th 125, 131, 142 (clerk issued abstract of judgment and...
Read more »

1 Answer | Asked in Family Law, Divorce and Social Security for California on
Q: If I file a legal separation andcmy husband receives SSI benefits, can I receive some of his Income?

I have been married 23 years.

Mike Darlington
Mike Darlington answered on Jun 10, 2020

Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.

If you end up being able to draw under your husband's social security...
Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for California on
Q: Do I have to report spousal support arrears I received that was ordered to be paid to me in 2019?

I receive spousal support under a 2016 temporary support order. The divorce is still pending. I know I need to report that income on my tax returns since that order is from before 2019. However, in 2019 my spouse was found in contempt of court for failure to pay support and was ordered to pay me a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

Any money you receive from any source must be reported to the IRS in the tax year that you received it.

1 Answer | Asked in Child Support, Divorce and Real Estate Law for California on
Q: A lien has been put on my home for child support my ex owes. How can this be removed?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 27, 2020

It can be removed by paying the exact amount and a fee for the removal of the lien. Usually there is a number you can call to remove the lien.

1 Answer | Asked in Divorce for California on
Q: My fiancée got divorced and he is in the Phils. He asked me to avail a copy of his divorce and I was able to do that but

When we got the decree his last name was misspelled .. what shall we do to correct this?

Marco Antonio Torres
Marco Antonio Torres answered on May 26, 2020

It’s unclear from the post if the error is only in the judgment or an error throughout the court proceeding.

In any event, your fiancé will want to file a motion to correct the clerical error. In California he would file a Request for Order requesting correction of the misspelled name-...
Read more »

1 Answer | Asked in Child Support and Divorce for California on
Q: I have a question im separated from my hisband not yet divorce and he is forcing me to pay him the half of the last mont

Wich is 1,600 and he wants 800 but has not give me anything for the kids i have three kids so now i have to pay the rent by myself and support my children and he is no longer living with me what do you suggest me to do go put child support i do t know what to do

Marco Antonio Torres
Marco Antonio Torres answered on May 24, 2020

It unclear from your post if the rent has already been paid and he is asking for a reimbursement for the rent that was paid for the month of May or a reimbursement for the last month rent/security deposit.

Filing for child support is a start. Moreover, if you file for divorce you could...
Read more »

1 Answer | Asked in Divorce for California on
Q: I continue to own my house with my ex-husband. How should the house be vested as we need to put it in trust again w

The house was always in trust and we would like to put it back in trust. I live in the house and the divorce spells out that I continue to live there. We rent a front unit out which covers the house payment. He now lives in another state

Zaher Fallahi
Zaher Fallahi answered on May 18, 2020

You can put your share of the property in your own trust, not in a joint trust with you ex, unless you are planning to get back together, in which case, I would consult a local estate planning attorney for specific advice. I hope this helps and stay safe. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

2 Answers | Asked in Divorce and Real Estate Law for California on
Q: I am married I want to get divorced. We have a morgage together. I dont want money from the house. i just want to leave.

He makes majority of the income. i heard something about a quick deed. how can I get out of the morgage?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 16, 2020

A quick claim deed transfers your rights on the property to your husband but that act alone does not relieve you of your mortgage obligation. The best course of action is. Not to give up on your rights to the property. Have your lawyer enforce your marital rights to the property and then... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.