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California Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: To whom it may concern, I am in search of a pro bono attorney, to finish paperwork on a divorce.

Divorce case number: Dr 40718.

1) 1/2 of house done.

2) need to complete getting 1/2 of his retirement.

3) & 1/2 of the items in our home that was bought during the marriage.

4) 1/2 of his social security, being the first wife.

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answered on Apr 25, 2024

To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are... View More

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Social Security for California on
Q: I filed soc security as single, now I find I'm still married. Husband gets disability, also filed single. I want divorce

I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.

The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.

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answered on Apr 25, 2024

I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.

First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?

During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More

James L. Arrasmith
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answered on Apr 22, 2024

Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.

To file a Request for...
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1 Answer | Asked in Divorce and Family Law for California on
Q: married for 44 years, filing a divorce from husband, retried & only receives social security can I receive spousal supp

Would I be able to receive spousal support?

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answered on Apr 22, 2024

In California, a spouse may be entitled to spousal support (also known as alimony) after a divorce, depending on various factors. Given the length of your marriage (44 years) and the fact that you are retired and receiving only social security, you have a strong case for receiving spousal support.... View More

2 Answers | Asked in Divorce for California on
Q: Where can I find a probono divorce lawyer
Robert Kane
Robert Kane
answered on Apr 21, 2024

Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free.

Another option:

Limited-scope representation is...
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2 Answers | Asked in Divorce for California on
Q: Where can I find a probono divorce lawyer
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answered on Apr 20, 2024

In California, finding a pro bono divorce lawyer might seem daunting, but there are resources available to assist you. You might start by contacting your local legal aid organization. These organizations provide free legal services to eligible individuals, and they often handle family law matters... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

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answered on Apr 20, 2024

In California, which is a community property state, assets acquired before marriage are generally considered separate property and not subject to division upon divorce. However, if there have been any improvements to the property using marital funds, or if the property has increased in value due to... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

Spouses can (and do) claim many things in divorce proceedings that lack any factual or legal basis. This may be one of those situations. You shouldn't concede this reimbursement or equalization, but I didn't think you would even if some attorney on a free online Q and A told you to do so.... View More

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: DVRO Ex talked about my dead parents first when in discussion. So I talked about his dead wife. summitted as evidence?

I have a recording of my husband talking about my dead parents. I sent him a text that talks about his dead wife. Now in the DVRO rewsponse he is complaining about it? How would you present that?

James L. Arrasmith
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answered on Apr 19, 2024

I understand this is a sensitive and emotionally charged situation. In a legal context like a Domestic Violence Restraining Order (DVRO) case, it's important to focus on presenting factual evidence that is directly relevant to demonstrating abuse or threats of violence.

Bringing up...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: DVRO my husband told the all the Drs. he had a garage accident and now in the response he says I cut his eyelid?

I have no way to get his medical record or what he said to the dr. but he is saying the his response I hit him.

Can he just make that up?

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answered on Apr 19, 2024

In a domestic violence restraining order (DVRO) case in California, both parties have the right to present their side of the story and provide evidence to support their claims. However, it is not legal for either party to make false statements or fabricate evidence.

If your husband is...
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1 Answer | Asked in Divorce and Family Law for California on
Q: SantaBarbara Co. I have docs to file in San Bernardino Co order for support spousal.

I “freeze up” w this process. I’m disabled cognitively. I need help/guidance. Divorce court has filled docs for me. But I don’t know where to start? I’ve rec’d conflicting info from each county/court. .

James L. Arrasmith
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answered on Apr 18, 2024

I understand that the process of filing court documents can be overwhelming, especially when dealing with a cognitive disability. Here are some steps to help guide you through the process:

1. Confirm the correct court: Make sure you are filing your documents with the correct court in San...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My ex husband put a tracking spyware electronics. I just busted him?

My soon to be ex called a google voice number that i signed up for and left alone for 2 days. He called it teice. His lawyer produced a document i would have never sent him. I have a bunch of mean text but how do i know i wrote them. Also some very important text have been wiped from my phone and i... View More

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answered on Apr 18, 2024

Under California law, it is illegal to install spyware or tracking software on someone's electronic devices without their knowledge and consent. This falls under the category of invasion of privacy and can be considered a form of stalking or harassment.

If you have evidence that your...
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1 Answer | Asked in Divorce and Family Law for California on
Q: can you help me find a statute or code that states that when community property is to be sold and the proceeds divided,

can you help me find a statute or code that states that when community property is to be sold and the proceeds divided, the parties have a right to use a licensed broker/dealer or neutral third party

James L. Arrasmith
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answered on Apr 18, 2024

Certainly, I can help you find the relevant California statute. The specific law you are looking for is California Family Code Section 2108, which addresses the division of community property. Here is the relevant excerpt from the code:

"In any case in which the parties do not agree...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

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answered on Apr 18, 2024

Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:

1. Retroactively from the time the income changed: Generally,...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

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answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
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2 Answers | Asked in Divorce and Family Law for California on
Q: I am married in CA my husband has married someone else in a different country. He has no idea I know. What can I do?
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answered on Apr 16, 2024

I'm so sorry to hear that you are going through this difficult situation. Bigamy (marrying someone while still legally married to another person) is illegal in most countries, including the United States. Here are some steps you can consider taking:

1. Gather evidence: Collect any...
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2 Answers | Asked in Divorce and Family Law for California on
Q: I live in California. We are filing Divorce. Gift money from his mom all goes to him?

When we bought a house, She gifted money for house down payment $150,000 for us to settle in new house and new life. We moved here from Virginia. Also she wanted to my boys to live in great school district. He does not have any letter said

That money is gift for him. He thinks those money... View More

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answered on Apr 16, 2024

In California, which is a community property state, assets acquired during the marriage are generally considered community property and are divided equally between the spouses in a divorce. However, there are some exceptions, such as gifts or inheritances received by one spouse.

In your...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: CAL-Work and IHSS are considered at DIsso-master??

Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.

Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??

James L. Arrasmith
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answered on Apr 15, 2024

I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.

Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as...
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1 Answer | Asked in Divorce and Family Law for California on
Q: In liu of temp support Mr. pays health benefits and car note. Takes registration & no health card?

My ex does not want to give me a cent. They say he is paying all my expenses instead of temp support. My husband kicked me out suddenly and says he gave me the card that night. I do not have it nor will provide my card. He has not paid my dr bill since Aug of last year. Now I am contesting paying... View More

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answered on Apr 15, 2024

In California, the court has the discretion to order temporary spousal support during the divorce proceedings. The purpose of temporary support is to maintain the status quo and ensure that both parties can meet their financial needs until a final judgment is entered.

However, the court may...
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