Get free answers to your Divorce legal questions from lawyers in your area.
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 
We have adhered to a 3-4-4 custody schedule for an extended period. However, in December, an error on my part led to unintended parenting time. This was not formalized in an Order After Hearing but was noted in the minute order as per the stipulation agreed upon by both parties (Not signed by... View More
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answered on May 31, 2024
In California, a new judge may consider the previous judge's inclination, but they are not bound to follow it. Judges often give weight to prior rulings, especially if there is a documented history and a minute order reflecting the schedule. However, each judge has the discretion to review the... View More
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answered on May 29, 2024
Under California law, a Power of Attorney (POA) allows an individual to act on behalf of another person (the principal) in legal and financial matters. The specific powers granted to the agent depend on the terms outlined in the POA document. Generally, if the POA includes the authority to manage... View More
Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More
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answered on May 28, 2024
In California, once a divorce petition has been filed, there are automatic temporary restraining orders (ATROs) that go into effect immediately for both parties. These orders are designed to maintain the financial status quo during the divorce proceedings. However, the ATROs do not specifically... View More
Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More
answered on May 28, 2024
Get ahead of it. File your Response to the petition and file a Request for Order to get support orders in place and court orders that limit her use of credit cards or enable you to either close out joint cards or keep one open for her use (just by way of example). Allowing unfettered access to... View More
We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction... View More
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answered on May 26, 2024
In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:
1. Written motion: It is generally advisable to file a written motion for sanctions... View More
I want to be able to proceed with my divorce, but if im unable to locate my husband how do I do that?? He keeps traveling around from state to state, so I'm unsure how to locate him to be able to serve him papers.
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answered on May 25, 2024
Under California law, if you are unable to locate your husband to serve him with divorce papers, you can request the court's permission to serve him by alternative means. This is known as a "motion for alternative service." Here are the steps you can take:
1. File for... View More
answered on May 25, 2024
If this is for purposes of locating him so you can serve him with a Petition for Dissolution, find out his last known legal address, documents all efforts you have made to find him, and then file a motion with the court to get permission to have him served by publication. Otherwise, hire a PI.
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answered on May 25, 2024
If you are unable to locate your husband and are concerned about his well-being, there are a few steps you can take:
1. File a missing person report: Contact your local police department in California and file a missing person report. Provide them with as much information as possible,... View More
My husband & I own a home & my husband of 13 yrs. filed for divorce. He's living in the house himself & paying the mortgage but is going to get two roommates(1 at least but likely 2 for a few months at least) because he can't afford to pay all the bills on his own without... View More
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answered on May 24, 2024
Under California law, Epstein credits refer to reimbursements one spouse can claim for paying community debts (like the mortgage) after separation, while Watts charges refer to the fair rental value one spouse may owe the other for the exclusive use of a community asset (like the home). Since your... View More
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answered on May 24, 2024
Under California law, the division of property in a divorce is based on the concept of community property. This means that any assets and debts acquired during the marriage are generally considered to be owned equally by both spouses. However, since you mentioned Oregon, it's important to note... View More
I am in Arizona but my 33 year old son lives in Eureka. He is a teacher. He is in shock over this incident but the couple has very little in the way of assets. What is the least onerous and least expensive way to proceed with a no-fault divorce? And what does a "fault" divorce man.... View More
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answered on May 23, 2024
In California, the simplest and least expensive way to proceed with a divorce is through an uncontested divorce, also known as a "summary dissolution." This process is available to couples who meet certain criteria, including:
1. Being married for less than 5 years
2.... View More
We have not filed for divorce yet, been Married 27 years
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answered on May 22, 2024
In California, the process of requesting spousal support and division of community property, such as a pension plan, typically begins with filing for divorce. However, since you mentioned that you haven't filed for divorce yet, you can take the following steps:
1. Consult with a family... View More
I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or... View More
answered on May 20, 2024
Sounds like you were served by mail and someone other than him, signed the proof of service. Sounds like you were also sent "courtesy copies" by attachment to a Talking Parents communication. I don't understand the problem. Serving you by mail and having someone sign the proof of... View More
I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or... View More
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answered on May 20, 2024
Based on the information provided, it seems there may be some issues with how your spouse served you the FL-300 (Request for Order) and FL-335 (Proof of Service by Mail) documents under California law. Here are a few key points to consider:
1. Proper service: In California, the party filing... View More
I want an attorney to confirm the following language regarding the medical coverage costs for my adult children. My divorce papers in 2014 stated the following: "Husband and Wife agree that the wife shall continue to provide the health insurance coverage for their minor children for as long as... View More
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answered on May 20, 2024
Based on the language you provided from your divorce papers, it appears that the agreement regarding health insurance coverage and medical expenses was specifically for your minor children. In California, child support and the obligation to provide health insurance coverage generally end when a... View More
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answered on May 20, 2024
In California, cheating (legally referred to as "adultery") does not directly affect alimony (also known as "spousal support"). California is a "no-fault" divorce state, meaning that the court does not consider marital misconduct, such as infidelity, when deciding... View More
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answered on May 19, 2024
Under California law, continual spousal support, also known as permanent spousal support or alimony, is a form of financial support paid by one former spouse to the other following a divorce. The purpose of continual spousal support is to help the lower-earning spouse maintain a standard of living... View More
We are not married. One kid is my biological kid and one is not. How do I try to get joint custody of them.
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answered on May 19, 2024
In California, unmarried fathers can seek custody and visitation rights for their children, whether biological or not. Here are some steps you can take:
1. Establish paternity: If you haven't already, establish paternity for your biological child through a voluntary declaration of... View More
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answered on May 19, 2024
In most cases, if you withdraw money from your Individual Retirement Account (IRA) before you reach the age of 59½, you will likely face a 10% early withdrawal penalty in addition to the income taxes you will owe on the amount withdrawn.
However, there are some exceptions to this rule. In... View More
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