Get free answers to your Divorce legal questions from lawyers in your area.
In California:
I had ≈ $30k in personal/non-communal property [I have proof of ownership: receipts, email threads, pre-theft photos] stolen during a divorce, now settled. I have fairly good idea where my property went but need a search warrant to get the final details from the... View More 
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answered on Jun 17, 2024
I'm sorry to hear about your situation. Dealing with theft of personal property during a divorce can be challenging, especially when it seems like law enforcement and the courts are not being helpful. Let me provide some general information and suggestions for your situation under California... View More
I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:
1) Limit exposure to mobile devices to... View More
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answered on Jun 17, 2024
In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.
To request the specific orders you mentioned during a Request for Order... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
answered on Jun 18, 2024
Thank you for your question!
A spouse cannot hide her assets (if come from community property that belongs to marriage). I'm California, they use the trace-back method and track back the source of funds of each property to see if that property is a community property or not. All... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
answered on Jun 17, 2024
Most people set up trusts with their names as the trust’s name (such as John Doe 2024 Trust), but I have had a number of people who select specific names for other reasons. One couple took the first two letters of their kids’ names and made up a word as the name of their trust. Others have used... View More
If a real property is placed into a trust intending to hide it from or defraud a spouse during marriage or within a divorce OR if the real properties were placed in trust under synthetic names - is it a valid trust? Does it matter how much time passes before the truth was found?
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answered on Jun 17, 2024
To create a valid trust for real property in California, the following elements must be present:
1. Intent: The settlor (person creating the trust) must have a clear intent to create a trust.
2. Property: The trust must hold identifiable real property located in California.... View More
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
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answered on Jun 16, 2024
Under California law, the court's primary concern in child custody cases is the best interests of the child. This includes ensuring that the child has a safe, stable, and nurturing environment, which can be negatively impacted by excessive screen time or inadequate sleep.
While there... View More
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
answered on Jun 16, 2024
There is no "device" you can use to monitor the child's sleep. You can get court orders however regarding a 4-year-old's use of a smart phone all together, regarding bedtime, and regarding bedtime routines, and regarding time spent on the smart phone whether playing games or... View More
Unfortunately my child mother is a very petty individual. I gave her a month notice that I’m going on vacation dates and times and she’s basically telling me no you need to be here. Vice versa whenever she’s had a vacation, I’ve gladly taken the kids during my non-parenting time. She has... View More
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answered on Jun 13, 2024
Not showing up for a court-ordered parenting time exchange could have serious consequences under California law. Here are a few key points to consider:
1. Contempt of court: Failing to comply with a court order, including a parenting time schedule, can be considered contempt of court. This... View More
Do I risk losing part of the sale price or all claim to the house if I don't pay 1/2? I really can't afford to since now I'm paying rent (which is more than the mortgage).
Thank you.
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answered on Jun 12, 2024
In California, both spouses are equally responsible for community debts, including mortgages on community property, even after separation. However, the specific circumstances of your case may affect your obligations and rights. Here are some general points to consider:
1. Duty to pay: If... View More
What my next step if my spouse hasn’t responded to the divorce paperwork
answered on Jun 12, 2024
If it's been more than 30 days since spouse was served and he/she has not served or filed their response to the Petition, you can proceed with a Request to Enter Default. Once default has been entered you can proceed to the next step (financial disclosures), then to judgment (unless trial is... View More
What my next step if my spouse hasn’t responded to the divorce paperwork
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answered on Jun 12, 2024
If your spouse has not responded to the divorce petition after being properly served, you can proceed with a default divorce in California. Here are the steps you should follow:
1. Wait for the response period to end: In California, your spouse has 30 days to respond after being served if... View More
...that business by himself, is it separate or marital property?
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answered on Jun 10, 2024
Under California law, property acquired before marriage is generally considered separate property. However, there are nuances to consider in this specific scenario.
1. Separate property: The cash inherited before marriage is considered separate property.
2. Transmutation: When... View More
...that business by himself, is it separate or marital property?
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answered on Jun 10, 2024
Sorry there's not a simple, clearcut answer to your question. Money you inherit is generally separate property. If you buy something with that money, that's generally separate proprty too. However, you better be able to trace the source of funds, so if you mix separate money with... View More
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answered on Jun 10, 2024
Under California law, a mediator is a neutral third party who facilitates communication and negotiation between disputing parties to help them reach a voluntary agreement. Key points about mediators in California include:
1. Impartiality: Mediators must remain impartial and not favor one... View More
Lawyer was a Municipal Court Judge and was removed for "Wilful Misconduct in Office" and went back to being a lawyer. Due to him hiring his client, sleeping with her, gtg her pregnant, can a divorce judgement from 1999 be thrown out and redone?
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answered on Jun 9, 2024
In general, it is very difficult to overturn a finalized divorce judgment, even in cases involving misconduct by an attorney. However, the specific circumstances you describe are quite serious and unusual, so it's possible they could potentially be grounds for challenging the judgment, but by... View More
This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations... View More
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answered on Jun 7, 2024
In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply,... View More
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answered on Jun 6, 2024
In California, the characterization of property as separate or community property is important in determining whether your soon-to-be ex-husband can claim a part of the inherited house. Generally, any property acquired by inheritance during the marriage is considered separate property, which means... View More
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answered on Jun 5, 2024
In California, if you acquired the home before marriage, received it as a gift, or inherited it, and the title is solely in your name, it is considered your separate property. Separate property is not typically divided in a divorce.
However, even if the property is your sole and separate... View More
I was a stay at home mom for 6 years, then working only a few hours a day for 13 years due to caring for my children. My spouse makes almost triple what I make.
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answered on Jun 4, 2024
In California, for marriages lasting 10 years or longer, which the state considers a "long-term marriage," the court has the discretion to order alimony (spousal support) for as long as the court deems necessary. This could potentially be a lifetime award, depending on the circumstances.... View More
I was a stay at home mom for 6 years, then working only a few hours a day for 13 years due to caring for my children. My spouse makes almost triple what I make.
answered on Jun 4, 2024
Every case is different. Generally speaking, a marriage of 27 years is considered "long term" and therefore, potentially, alimony, if ordered, will not have an end date. For more information regarding what goes into the court's decisions regarding alimony (whether to award, in what... View More
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