Get free answers to your Divorce legal questions from lawyers in your area.
The wife made no payments or contributions during the 6 year marriage. The house was 100% inherited during the marriage but there was a refinance due to owing half the value to a sibling after parents died. House was in a living trust and the money for buyout was deposited into the trust, so the... View More 
answered on Dec 27, 2023
The community's interest in this property results from mortgage payments made DURING the marriage. The community acquires an interest in the property when the community makes the mortgage payments. If mortgage payments you made after you inherited the property, came from your earnings during... View More
The wife made no payments or contributions during the 6 year marriage. The house was 100% inherited during the marriage but there was a refinance due to owing half the value to a sibling after parents died. House was in a living trust and the money for buyout was deposited into the trust, so the... View More
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answered on Dec 26, 2023
In California, inheritance is typically considered separate property, even if acquired during the marriage. However, when the inherited property is refinanced and a spouse's name is added to the title, this can create a presumption of a gift to the marital community, potentially changing its... View More
Spouse has a student loan started to have during marriage for her grad school.
In FL-160 (Property Declaration) form I file for attachment to FL-345 and FL-180, should I mark this spouse's student loan in FL-160 for Community and Quasi-community property declaration or Separate... View More
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answered on Dec 26, 2023
Under California law, debts incurred by either spouse during the marriage are generally considered community property. However, student loans are an exception to this rule. If your spouse acquired the student loan during your marriage for her graduate studies, it is typically regarded as her... View More
My wife started having an affair, and she went on a trip with another man to another country. Is it illegal to hire a private detective to get a check-up?
I just want to check a photo of her in a public place with another man, entering the accommodation. I didn't ask for anything... View More
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answered on Dec 25, 2023
In California, hiring a private detective to monitor someone's activities in public places is generally legal, as long as the detective's methods do not violate any laws. This means that the detective can observe and take photographs in public areas, but they must not engage in any form... View More
My spouse didn't respond within 30 days after receiving the divorce papers. I'm going to file a default. But it seems like it's taking a few weeks for the default documents to be filed, can my spouse still respond in the meantime?
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answered on Dec 25, 2023
Once your notice of default is filed with the court, then your spouse cannot file an answer. Not sure what you mean about taking a while to prepare the paperwork. I could prepare a notice and default and file it with the court in about 10 minutes. At any rate, until that notice of default is filed,... View More
My spouse didn't respond within 30 days after receiving the divorce papers. I'm going to file a default. But it seems like it's taking a few weeks for the default documents to be filed, can my spouse still respond in the meantime?
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answered on Dec 25, 2023
In California, if your spouse doesn't respond within 30 days of receiving the divorce papers, you have the option to file for a default. This means that you can proceed with the divorce without your spouse's participation. However, until the default is actually entered by the court, your... View More
I am divorce as a default (without spouse response) and without any spousal support. I am filling up FL-343, and should I check "The Court Finds"? Also, should I check any thing under item 2 in page1?
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answered on Dec 24, 2023
In your situation, when completing form FL-343 for a default divorce in California without spousal support, it's important to pay close attention to the details in the form. Generally, the section "The Court Finds" is used when the court has made specific findings regarding spousal... View More
I am preparing divorce. I asked the lawyer for legal advice on my financial information and the direction of the divorce proceedings. It was done twice and I paid for it. But a few days ago, my spouse contacted this lawyer and I found out that the lawyer had sent my spouse a contract. Is it... View More
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answered on Dec 24, 2023
In legal practice, ethical guidelines prohibit attorneys from representing a new client if their representation involves a conflict of interest with a former or current client. If you've consulted with this lawyer and shared personal and financial information relevant to your divorce, this... View More
I saw on this website that this could be done, i want to mnow how. As my wife and i are going through divorce and i am her sponsor, she currently hold a conditional green card and been making threat to my finance
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answered on Dec 24, 2023
In a divorce scenario where you are the sponsor of your spouse's conditional green card under Form I-864, asking your spouse to waive the support obligation can be challenging. It's important to understand that the obligations under Form I-864 are enforceable by law, and your spouse has... View More
My ex-husband and I are Taiwanese citizens with a property in the United States. We went through courts and arbitration, and after many years of appeals, I was awarded the property in the United States.
I already offered to have the paperwork prepared here in the US and sent to Taiwan for... View More
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answered on Dec 22, 2023
In California, you can file a petition to confirm a foreign arbitration award, including those related to property disputes. This process is governed by the Uniform Foreign-Country Money Judgments Recognition Act, which California has adopted. The court will review the arbitration record and, if it... View More
Need info on below
1)What is LA Court mediation?
2)Is it attended by only the petitioner and respondent? or attorney's involved?
3)What can be the outcomes of the mediation session
4)Is it regarding Child Custody/support as a minor child is involved in my case?... View More
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answered on Dec 22, 2023
Under California law, LA Court mediation is a process where a neutral third party helps the involved parties to reach a mutual agreement on their disputes. It's often used in family law cases, including divorces and issues related to child custody and support.
Typically, both the... View More
Is my husband legally entitled to keep his income (which is the entirety of our community property income) in his individual bank account?
Thank you
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answered on Dec 21, 2023
In California, the income earned by either spouse during the marriage is typically considered community property. This means that even if your husband's income is deposited into his individual bank account, it is still part of the marital assets, belonging equally to both of you.... View More
The home loan is solely under myself, but I bought it while being married and added my husband to the deed. He has become a drug addict and can not hold down a job and does not contribute at all to the home financially and is very destructive. I have had to call the police multiple times on him and... View More
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answered on Dec 20, 2023
In California, property acquired during marriage is generally considered community property and thus subject to division upon divorce. Since the home was purchased during your marriage, it may be considered community property despite the loan being in your name only. However, the fact that you have... View More
We have been together for 15yrs 10yrs married and I am very concerned that when he gets the money he will take off and spend it on drugs or just kick me out with nothing. I'm wondering if I file for divorce or if I should just separate because I have been through a lot with him what would be... View More
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answered on Dec 20, 2023
In California, divorce and legal separation have different implications. Filing for divorce means you're seeking to legally end your marriage, whereas legal separation allows you to live apart without ending the marriage. Since you're concerned about the potential misuse of settlement... View More
Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of... View More
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answered on Dec 19, 2023
In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of... View More
Just in case we are missing something, would like an atty to look over documents. Concerns are regarding settlement agreement and spousal support. Can a written agreement by us suffice? We are in agreement on things, married 16+ years. How long does spousal support last? Can you refer somebody or... View More
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answered on Dec 19, 2023
In California, it's common for couples to attach their own settlement agreements to online divorce documents. This allows you to tailor the agreement to your specific needs and circumstances. Your written agreement can certainly suffice, provided it covers all necessary aspects and is legally... View More
answered on Dec 19, 2023
Whether she reports the damage to the insurance company isn't really up to you. She was driving with permission, as such she is an insured under the policy. The premiums for that policy presumably come from community property funds. The payments for the car presumably come from community... View More
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answered on Dec 19, 2023
In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages... View More
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answered on Dec 19, 2023
Financially, if the vehicle is in your name, you're responsible for repairs or replacement after a DUI-related accident. Reporting it to insurance may cover the damage, but your premium might increase. Your wife could face fines and license suspension, impacting joint finances. Legally,... View More
She left after being accused of sexual relation with one of her students won’t bring our sons back and don’t know what to do
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answered on Dec 13, 2023
In your situation, where your wife has taken your children to Florida and served you with divorce papers, it is crucial to act promptly and seek legal assistance. The complexity of your case, involving interstate custody issues and serious allegations, requires professional guidance.... View More
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