My parents divorced in 1977 each kept one as part of the settlement. Several years later my father sold his and used the proceeds to purchase new home. About 7 years later he remarried and she moved into my dads. Some time later he sold that property and again used money to purchase new home.... View More 
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answered on Mar 3, 2024
Under California law, property acquired before marriage generally remains the separate property of the spouse who acquired it. If your father sold a property he owned before remarrying and used those proceeds to purchase a new home, the nature of the new property's ownership depends on how it... View More
My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More
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answered on Mar 3, 2024
Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More
My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More
answered on Mar 3, 2024
Orders or judgments made under Family Code are law imposed obligations and are enforceable through Court's contempt powers. Any disobedience of the court order by your ex-husband is a contempt of court's authority, which may carry both civil and criminal penalties. There are judicial... View More
My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More
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answered on Mar 3, 2024
Under California law, if your ex-husband is not complying with the court-ordered alimony payments, you have legal recourse to enforce the order. You can file a motion for contempt of court, which is a formal declaration that your ex has failed to follow the court's orders. This motion can lead... View More
My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More
answered on Mar 3, 2024
He has a job. You have a court order. Get a Wage Garnishment and serve it on his employer. Support will then be deducted from his wages and paid directly to you. For the arrears you can file a motion to have the amount of arrears established and then include that in the wage garnishment. The... View More
Proceeds from his house sale after we were married
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answered on Mar 1, 2024
In California, which is a community property state, assets acquired during the marriage are typically considered joint property. This means that, generally, both spouses have an equal ownership interest in such assets, including real estate, regardless of whose name is on the title or who paid for... View More
Proceeds from his house sale after we were married
answered on Mar 1, 2024
It's not about whose name is on title. If the property was purchased during the marriage, it is community property. When you say he purchased it with his money - what does that mean? If "his money" is money he earned during the marriage, then it is community property. If... View More
I have been working on this for two years other party nonresponsive but showed up and signed Stipulation Order(Mandatory settlement Conference that was signed by judge. I am trying to get the final judgement so I can be divorced. What forms do I need to fill out and do I need to ask for a court... View More
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answered on Mar 1, 2024
In California, once you've reached an agreement through a settlement conference and have a stipulation order signed by the judge, the next steps involve finalizing your divorce. You'll need to complete and file a few specific forms to obtain your final judgment of divorce. These forms... View More
I've been leaving on the streets for about a month now her son has physically assaulted me I've had to call the cops just to retrieve some clothes one time and she refuses to change anything she's harassing all my friends
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answered on Feb 29, 2024
In California, if you find yourself in a situation where your spouse has taken possession of your shared property and you are experiencing harassment and assault, it's important to understand your rights and the steps you can take to address this situation. Firstly, regarding your home and... View More
He was served by Sheriff dept, do I need to fill out FL 115 and he wants to waive financial disclosure as well. What paperwork do I need to submit? What other paperwork do I need to file besides the proof that he got served and the fl 144 form ?
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answered on Feb 29, 2024
In California, when your husband has been served with divorce summons and agrees to waive the financial disclosure requirements, specific forms must be completed to reflect this agreement properly. It's important to note that while parties can waive the final declaration of disclosure,... View More
Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is... View More
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answered on Feb 29, 2024
In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be... View More
My spouse have been served with divorce summon and has about a week left on the response time and is asking me to postpone the deadline by agreeing to it on an email. I have not agree to anything, but am curious to if this have any legal standing?
I do not know why she want to postpone
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answered on Feb 28, 2024
In California, once your spouse has been served with divorce summons, the deadline for their response is set by law. However, parties can mutually agree to extend this deadline. If you consent to postponing the response time, it's essential to document this agreement clearly and preferably in... View More
I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.
During previous three hearings... View More
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answered on Feb 27, 2024
Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More
This husband of mine is very emotionally verbally and the abuses but physical. He had a fit and wanted me to leave on foot twice during a storm. I called the police and we argeed he would leave for 72 hours. He went to Oregon and can came back before the 72 hours. I understand it was not a formal... View More
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answered on Feb 23, 2024
In California, if your husband prevents you from accessing your personal belongings, it could be considered a form of control or abuse, rather than theft in the traditional sense. You have the right to retrieve your personal items, especially those necessary for your daily life and well-being, such... View More
This was the ruling in my favor: Petitioner’s request to amend the Petition and to bifurcate is DENIED without prejudice for failure to file a required Memorandum of Points and Authorities. Petitioner’s request for attorney fees is DENIED, for failure to file a proper Keech declaration setting... View More
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answered on Feb 23, 2024
Based on the information provided, it seems you had a request denied by the court for procedural reasons, such as failing to file required documents like a memorandum of points and authorities, a proper attorney fee declaration, and pay stubs with your income and expense declaration.
The... View More
The petitioner was denied a request to amend our separation date for failure to file a required memorandum of points and authorities. How long to they have to refile it with the proper Memorandum in California? Is their a time limit at all?
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answered on Feb 23, 2024
In California, when a petitioner is denied a request to amend a separation date due to the failure to file a required memorandum of points and authorities, they generally have the opportunity to correct the omission and refile. However, the specific time frame to refile can depend on several... View More
I am trying to get my ex husband served with divorce papers and i am trying to get his whereabouts, however I have a current restraining order on him. to do a declaration of due diligence, do I have to try calling him as well??
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answered on Feb 21, 2024
No, you would not need to attempt contacting your ex-husband directly by phone in order to complete the declaration of due diligence when serving divorce papers in California.
Detail in your declaration any other substantive attempts to locate him, such as:
- Searching public... View More
I want to change it from Hernandez back to Ortega
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answered on Feb 21, 2024
Here are the steps to take to change your last name back to your birth name after a marriage in California:
1. Obtain a Name Change Petition (NC-100) and Civil Case Cover Sheet (CM-010) forms. These are available online or at your county superior court clerk's office.
2.... View More
Spouse A gave up their job to move to where Spouse B lived. They only had 80K in assets and was unable to work for almost a year. Spouse B came into the marriage with 1.7M. Upon marrying they signed a prenup that Spouse A was not comfortable with, but they felt under pressure. The prenup was signed... View More
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answered on Feb 21, 2024
Based on the facts provided, there are several arguments that the spousal support provision in the postnuptial agreement may be considered unconscionable under California law:
1. The disparity in assets and income between Spouse A and Spouse B is quite substantial. Spouse B earning 5 times... View More
Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More
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answered on Feb 21, 2024
Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More
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