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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: Can I file for divorce if I live in a different state? Can you still divorce someone even if the other person refuses.

I’m currently residing in California and my wife is in Maryland. We’ve been married for 33 years. We have no children. We have been separated for about 6 months.

Rebecka A Monez
PREMIUM
Rebecka A Monez
answered on May 23, 2022

California is a no-fault/community property state. This means that even if the other party does not want a divorce, you can still get one. As for your wife living in Maryland and you living in California, you can file in California so long as you meet the residency and jurisdiction requirements.... Read more »

1 Answer | Asked in Criminal Law and Divorce for California on
Q: What's it a case of if it reads end number case is dr608
Dale S. Gribow
Dale S. Gribow
answered on May 23, 2022

If you have a case in immigration court, you can find out the date of your next hearing and other information by calling the court hotline at 1-800-898-7180 or by entering your A Number. You can also call a specific court.

1 Answer | Asked in Divorce for California on
Q: Born,married,divorced in California. I have moved to a different state. Will changing my name affect any divorce ord.s

I just want to know if I need legal advice to change my name legally and if doing so may affect the enforceability of the court orders relating to my divorce.

Tobie Brina Waxman
Tobie Brina Waxman
answered on May 19, 2022

Changing your name should not impact the enforceability of valid court orders or judgments.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: Subpoena as attorney or individual?

My girlfriend's ex husband had one attorney and my ex wife had another attorney. Both attorneys worked for the same law firm. We got divorced a year apart, her first. My ex made a false abuse accusation, her attorney decided to share this info via a call as fact with my girlfriend's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 9, 2022

more info and clarification is needed.

the first thing you should do is write out a summary of all the facts so that the new lawyer you are going to contact has all the info.

there may be a conflict issue, but your lawyer who will have all the facts will be in the best position to assist you.

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Minnesota, xhusband died married 25 years divorced 2 remained together. Mortgage in both names loan his alone my rights?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 29, 2022

This question was posted under California, although you preface your inquiry by stating you (or xhusband??) are in Minnesota. From the perspective of California law, if it applies, the extent of the community's interest in the property is not based on whose name is on title or on the loan.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Is there a legal document to allow one person on a mortgage to leave without liability or claim to future proceeds?

In Humboldt County, California, my daughter and son-in-law are about to divorce. They haven't filed yet. My son-in-law would like to stop making his half of mortgage payments immediately (they have separate bank accounts), and receive what is thought to be his half of the current equity in... Read more »

James A. Greer
James A. Greer
answered on Apr 25, 2022

Dear Property Split Questioner: Certainly a competent attorney could draft the Agreement that addresses the splitting of the equity in the house and the other particulars as to manner of division between these parties. However, the biggest challenge to the expressed "goal" of either/both... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I am alienated parent and can I sue people and family who knowingly not disclosing where my kid is?

I filed divorce in Oregon and my soon to be ex skipped the state. Supposedly she moved back to CA according to her lawyer. She took our kid with her and I don't know where they are. I haven't been able to serve divorce paper. I have been searching on the internet, hired PI, I confronted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 8, 2022

you can always sue anyone for anything.

the question is will you win?

they do not owe you a duty to cooperate

there is service by publication ........however this is not my area of law.....it is not domestic violence nor criminal law or PI.....

1 Answer | Asked in Divorce and Immigration Law for California on
Q: Hi, I want to discuss with attorney about divorce case and immigration

My husband who is US citizen and want to file a divorce. I am a condition green card holder. Will the divorce affect my application process for removing my green card condition?

Agnes Jury
Agnes Jury
answered on Apr 8, 2022

Yes. It getting divorced will affect removing the condition on your green card. You should consult with an experienced immigration attorney as soon as possible. If you can't afford a consultation, some attorneys offer limited free consultation. You can find an attorney here on Justia.com,... Read more »

1 Answer | Asked in Divorce for California on
Q: Is contesting my divorce out of the question if I don’t have a lawyer?
Ms. Renee Marcelle
Ms. Renee Marcelle
answered on Mar 30, 2022

One may contest a divorce with or without a lawyer. In California of course, it is a "no-fault" divorce state. Thus if one party seeks a divorce, the divorce will be inevitable, unless your partner changes their mind.

The disposition of assets and custody arrangements can be...
Read more »

1 Answer | Asked in Divorce for California on
Q: a divorce after 27 yrs my husband want to leave me the house and that’s it. I want alimony he says house is enough.help!
Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 14, 2022

Whether that's a good deal would depend on whether the house is paid off, what it's worth, how much alimony you'd be entitled to, and whether you will need to make mortgage payments. It's possible this offer may be a good deal for you.

1 Answer | Asked in Divorce for California on
Q: Can I do a do it yourself divorce if my husband has been living in Belize for the past 19 years? No Community property

Our children are adults and both just want to divorce.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 10, 2022

The process of filing for divorce and carrying the case through to entry of judgment is the same whether you diy or have an attorney representing you. The only difference will likely be whether you do it right or your documents get rejected or you don't complete the process because you are... Read more »

1 Answer | Asked in Family Law, Divorce and Immigration Law for California on
Q: My wife put a restraining order on me. I’m in a tough situation. What kind of help do I need?

My wife got a short term restraining order the day I got arrested for domestic violence. I’m assuming she’s going to divorce me and extend the restraining order. The restraining order I was given says I must move out of the apartment. How do I get my stuff out without breaking the order and... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 24, 2022

You should immediately speak to an immigration lawyer and tell them everything. Since you are not a citizen this becomes very urgent. You will also need a family lawyer regarding the divorce and your child. Do not return to the home until you have spoken with a lawyer as to do so will breach the... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am I have to pay alimony if my spouse lives with her parents?

We are divorcing because my wife wants her parents to live with us in one house, of course, I do not agree. Therefore we are splitting so that she can live with them.

My question now is: I am I have to pay alimony if my spouse lives with her parents?

By the way, she makes slightly... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 22, 2022

There are numerous statutory factors that go into the decision as to whether spousal support should be paid, in what amount and for what duration. If she is able to support herself and maintain the lifestyle to which the parties became accustomed during the marriage based solely on her own income,... Read more »

2 Answers | Asked in Divorce for California on
Q: If I file for divorce and my husband take 3 months to respond does that affect the 6 month waxing period

No assets 2 minor children

Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 15, 2022

The 6 month period starts from date of service of the petition regardless of when a response is filed.

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1 Answer | Asked in Divorce for California on
Q: What is the time limit on a quick claim that was signed to get a loan, time of loan or life of property?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 11, 2022

Quit Claim deeds don’t expire

1 Answer | Asked in Divorce for California on
Q: We started to divorce on Feb21 by filled out the form for us and kids (6 & 8),until now didn’t accept respone from cour

We have one house and lived in California . It’s over a year and my question is are there any problem on my process? Or Is it affect of covid 19? The time is gonna be longer??

Tobie Brina Waxman
Tobie Brina Waxman
answered on Feb 11, 2022

What kind of response are you waiting for? If all you did was file a petition then nothing is going to happen. There are several different steps that are taken to obtain a judgment of dissolution. If you didn't take all of those steps then your case will just sit there. You ask if there is... Read more »

1 Answer | Asked in Divorce, Family Law and Small Claims for California on
Q: My divorce papers say my ex and I have to split the property that is in the house. Our divorce was final in July 1, 2019

He hasn't live in the home since end of December of 2019. I told him he needs to get his stuff out of the garage and he is wanting to get half of the property in the house. I believe that it's been abandoned and that I am being nice letting him get stuff from the garage. I told him he... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 8, 2022

Please discuss with an attorney. The answer depends on the details in your MSA. An attorney must review your agreement in order to properly advise you of your rights and obligations. In general, as soon as practicable after the effective date of this agreement, the parties will meet for the purpose... Read more »

2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: My soon to be ex-wife of 4 years refuses to become a citizen and plans to use the affidavit of support against

She refuses to become a citizen in order to use the affidavit against me. She cleans houses and does not have earned credits, has been lying to the court in our divorce case claiming we were married in 1994 when in reality we married in 2015-as noted on her immigration application. She is... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 6, 2022

If you cannot afford an Attorney or a PI as you said then you need to find a non profit that

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: What does this mean? the case Has Been Reviewed But Not Issued, . . . charges could be filed later. Is it dismissed?

I was arrested in San Diego for misdemeanor domestic assault last month. I showed up for court and they said No Records Were Found. I went up to the DA office and they gave me a paper that said The case Has Been Reviewed But Not Issued, If additional information is received, charges could be filed... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 2, 2022

more info is needed.

however, sounds like police presented the case to the DA and the DA has decided not to file it yet...unless further info comes in.

a case can only be dismissed if it is filed and then dismissed.........that is not your case.

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.

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