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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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answered on Feb 21, 2024
Yes, under California law, your spouse's attorney has the right to request information about any trusts in which you are a named beneficiary during a divorce proceeding.
California is a community property state, which means that assets and debts acquired during the marriage are... View More
Let’s say we have a couple married in state X, with a prenup on state X. Then the prenup expired and they amended it by signing a postnup in state Y while being state Y residents. The postnup stated the postnup will be covered by the laws of state X. Are there grounds to make an argument that... View More
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answered on Feb 21, 2024
In determining which state's laws govern a postnuptial agreement, courts generally consider various factors, including the parties' intent, the location of the agreement's execution, and the parties' residency at the time of execution. While stating a specific jurisdiction/state... View More
Lawyer said he will owe her 45,000.00! His house is 100% inherited, but to refinance the loan on it he used to buy me out (his sister), he was forced to sign a quit claim to half the property? He never meant to give her his inheritance. He needed to buy me out. I'm thinking the 45k... View More
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answered on Feb 21, 2024
In California, property acquired through inheritance is generally considered separate property and not subject to division in a divorce. However, if your brother refinanced his home to buy you out and added his wife to the deed through a quitclaim, this could have converted what was once separate... View More
I am a vet my wife is not. I agree to give her the house but don’t want the VA to unguarantee the loan. Will a quit claim deed in California give her the house but keep the mortgage in my name for the VA?
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answered on Feb 21, 2024
In California, using a quitclaim deed to transfer property ownership to your wife will indeed change the deed's name to hers, effectively giving her ownership of the house. However, it's important to understand that this action does not alter the mortgage or the loan's... View More
His wife is saying that there are no assets to be divided, but they have a house and a couple of cars. He has been a stay at home Dad for the past 10 years.
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answered on Feb 20, 2024
In California, there are attorneys who focus on representing men in divorce and family law matters. These attorneys understand the unique challenges that men may face in the family court system and work to ensure their rights are protected, especially in cases involving asset division, custody, and... View More
Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for... View More
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answered on Feb 21, 2024
Under California law, you may have grounds to be awarded spousal support given the length of your marriage, your role as a stay-at-home parent, and your efforts to further your education for employment. The court will consider factors such as the duration of the marriage, each spouse's earning... View More
Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for... View More
answered on Feb 21, 2024
It is possible that you may be entitled to spousal support. It will depend upon various factors under California Family Code Section 4320 for permanent support. Your need and his ability to pay will be important to establish for the Court to consider, in addition to the other factors listed in... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 19, 2024
If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
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answered on Feb 21, 2024
Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 16, 2024
A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More
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