Get free answers to your Divorce legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
In California, which is a community property state, most assets acquired during marriage are generally considered community property and are owned equally by both spouses. However, the treatment of IRA accounts can be complex and depends on several factors:
1. Timing of contributions: IRA... View More 
My ex husband makes more than double my salary and has a pension plan.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
In California, spousal support (also known as alimony) is determined on a case-by-case basis. Several factors are considered when calculating spousal support, including:
1. The length of the marriage
2. Each spouse's earning capacity and income
3. The age and health of... View More
I used $100K of my personal inheritance as a down payment on a house purchased jointly. We are considering divorce and selling of house. Do I get my money prior to splitting profits?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
In California, the characterization of property as separate or community is an important factor in determining how assets, including the family home, are divided during a divorce. Generally, any property acquired before the marriage or by gift or inheritance during the marriage is considered... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
In California, retirement benefits such as pensions are generally considered community property if they were earned during the marriage. This means that they are subject to division in a divorce. However, the specifics of when and how you can receive your share of your ex-spouse's pension... View More
Our divorce was finalized on 2-28-2022. Soon after the divorce, I let her know that I needed to pick up some personal items that were still at her house. I have been trying to get in touch with her, but she will only communicate through her daughter (my former step-daughter). Among my belongings... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
Under California law, you cannot legally search your ex-wife's house or safe without her permission, even if you believe she has your personal belongings. Entering her property without consent could be considered trespassing, and opening her safe would likely be viewed as an invasion of... View More
My wife has asked me to leave our homestead due to marital issues. She stated it would be a break from each other while going to marital counseling. We have two children under 13 years old and she is letting me still pick them up from school and take them to our homestead (rented) and stay with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
In this situation, it is strongly advised that you do not sign the separation agreement without first consulting with a qualified family law attorney who can review the document and advise you on the potential legal implications.
Here are a few reasons why:
1. Legal rights: Signing... View More
How do I get my request for visitation and custody of two of the dogs added to divorce settlement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
In California, pets are considered personal property in a divorce, but the court may consider the care and well-being of the animals when deciding who gets ownership. To request visitation or custody of your pets, you should follow these steps:
1. Respond to the divorce petition: In your... View More
How do I get my request for visitation and custody of two of the dogs added to divorce settlement?
answered on May 16, 2024
You would address this in your response to the petition. In the interim (while the case is pending), you can file a Request for Order to get temporary custody/visitation orders for the pets. While generally speaking, pets are considered property in a divorce, a relatively new pet custody law in... View More
My divorce was final in 2015 and I would like to end the alimony
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024
To terminate alimony and child support when your child turns 18 in July, you will need to file a motion with the family court that handled your divorce. In California, child support typically ends when a child turns 18, unless the child is still in high school and living with a parent, in which... View More
After 3 years in divorce my narcissistic wife responded by filing for nullity of marriage based on claim she was not aware of my 1998 marriage ended due to my becoming type-1 diabetic, had an episode of DV, spent 3 years in prison for crazy charges. First wife we were together 20 years & no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024
I'm so sorry you're going through such a difficult and painful situation. Dealing with a contentious divorce, false allegations, and financial hardship can be incredibly stressful and overwhelming, especially combined with serious health issues. Please know that you're not alone and... View More
My husband is living in the house right now and paying the full mortgage while I am renting a 2-bedroom studio elsewhere but we are not yet divorced nor legally separated and, from my understanding, I am entitled to half the rent. I would like to ask to charge tenant at least a minimum $ amount I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024
In California, if you and your spouse own a house together as community property, you both have equal rights and responsibilities regarding the property, even during the divorce process. This means that decisions about renting out a room should ideally be made jointly.
However, if you and... View More
I am about to file a divorce but I cannot find anyone to rely on to be a server. However, we are both still living in the same household. Am I still allowed to have the paper served to her via mail?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024
In California, if you are unable to find someone to serve your spouse with divorce papers in person, you may be able to serve them by mail. This process is known as "Service by Mail with Notice and Acknowledgement of Receipt."
Here are the steps to serve your spouse by mail:... View More
Someone has been helping me fill out the above forms. He all of the sudden asked for bank account numbers on joint accounts to show hiding cash... when there is hardly any cash in accts. What would be the reason for this and is it appropriate to ask? Already gave him Thrift Savings Plan info and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024
In California, when filling out family law forms such as FL-150 (Income and Expense Declaration), FL-300 (Request for Order), and other supporting documents for spousal support, attorney fees, and property division, it is not always necessary to provide bank account numbers.
Here are a few... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024
In California, if a spouse is added to the title of separate real property after marriage, the division of that property in a divorce will depend on several factors:
1. Community property presumption: California is a community property state, which means that any property acquired during... View More
Ers filed no firm date, no info or any other help with what should be done. I hope to get some answers regarding divorce & separation of property, no kids a house I owned before we married 5 years.
Another atty told me the divorce papers are 1st before any settlement conferences?? T or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024
I understand that you are going through a challenging divorce after a long marriage and are seeking answers to your questions. Let me provide some general information based on California law, but please note that this is not legal advice, and you should continue to work with your attorney for... View More
My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024
In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More
When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024
In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security... View More
I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2024
I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:
1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still... View More
I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024
Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More
the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024
Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
