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I seeks a divorce as wife was a violent abusive person. yes she has a record of being violent. she came into an inheritance of 1.3 million dollars and is still trying to fight me for Alimony. she left me emotionaly distraught to where i dont trust women. I stress when i get a text from her. i dont... View More 
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answered on Jan 29, 2024
Under California law, the division of assets in a divorce can be complex, especially when it involves significant assets like inheritances and retirement accounts. Generally, inheritances received by one spouse are considered separate property and are not subject to division in divorce. However, if... View More
Do I have the absolute right to partition such a property?
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answered on Jan 29, 2024
Under California law, property acquired after the date of separation is generally considered separate property, not part of the marital estate. This means that if you purchase a property after you and your spouse have separated, it is usually seen as your own separate asset.
However, there... View More
I can not take care of her and she certainly can not take care of me! I was told by the Veterans Administration, that I have Pulmonary Fibrosis, with no cure. I want to enjoy what time I have left. On the other hand, the wife tried Suicide "twice" She needs,(24-hour) care. We have both... View More
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answered on Jan 26, 2024
In California, the process of divorce can be initiated regardless of whether both spouses are able to actively participate in the proceedings. Since your wife is incapacitated and requires 24-hour care, it's important to consider her legal representation in the divorce process. This might... View More
For marriage dissolution and child custody. Ex is emotionally and mentally abusive.
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answered on Jan 26, 2024
Proving mental abuse in a marriage dissolution and child custody case in California requires gathering evidence that demonstrates the pattern of abusive behavior. This can include keeping a detailed journal of incidents, dates, and descriptions of the emotional and mental abuse.
Witness... View More
There was no abuse of any kind. Unless her cheating. But I have never done anything. So we both our on deed , I still all her bills. And want to be there with realtor to protect my investment. We are splitting everything 59-50. Can I legally go with realtor?
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answered on Jan 24, 2024
Under California law, if you are a co-owner of the property and there are no court orders restricting your access, you generally have the right to be present during meetings with the realtor regarding the sale or appraisal of the property. This is true even during divorce proceedings, as both... View More
There was no abuse of any kind. Unless her cheating. But I have never done anything. So we both our on deed , I still all her bills. And want to be there with realtor to protect my investment. We are splitting everything 59-50. Can I legally go with realtor?
answered on Jan 25, 2024
Generally, if both you and your wife are on the deed, you both have equal ownership rights to the property. This typically means you both have the right to be present at the property and to make decisions about its sale or other significant matters related to it. However, if there is any court... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
answered on Jan 24, 2024
If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
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answered on Jan 23, 2024
1) Yes, if you as the petitioner file a request for continuance (form DV-115) to postpone the DVRO hearing, you must provide copies to the other party (the respondent). The instructions for form DV-115 state that you must have someone mail a copy of the filed DV-115 to the respondent and any other... View More
My soon-to-be-ex stole property from my home [in contention].
Background: She claims / her excuse is that she cannot afford her expenses due to injuries she sustained in a bike crash 2/2023 and a post-flight PE that supposedly left her neurologically injured and "unable to work".... View More
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answered on Jan 23, 2024
Under California law, grand theft occurs when the value of stolen property exceeds $950. Since the estimated value in your case is around $7500, it would likely be classified as grand theft. This is a serious offense that can be charged as either a misdemeanor or a felony, depending on the... View More
My soon-to-be-ex stole property from my home [in contention].
Background: She claims / her excuse is that she cannot afford her expenses due to injuries she sustained in a bike crash 2/2023 and a post-flight PE that supposedly left her neurologically injured and "unable to work".... View More
answered on Jan 24, 2024
Grand larceny for property valued over $950. It would not be a robbery because robbery requires a taking of property of another through force.
If ownership of the property is not in dispute and you can prove your ownership, have you considered reporting it stolen and/or asked the... View More
we are selling our marital home and spitting it 50/50 I'm also giving him a additional 10,000. everything is noted signed and initialed in our MSA and divorce paperwork. will the judge kick it back and still make me give him spousal and my retirement (Solano county California) even though... View More
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answered on Jan 22, 2024
You are adults free to split your marital estate as you wish. It does not have to be 50/50. However, you need to make sure your MSA is drafted right. You need to make sure the pension plan or retirement accounts are listed with specificity, otherwise you may have trouble with your pension plan or... View More
we are selling our marital home and spitting it 50/50 I'm also giving him a additional 10,000. everything is noted signed and initialed in our MSA and divorce paperwork. will the judge kick it back and still make me give him spousal and my retirement (Solano county California) even though... View More
answered on Jan 25, 2024
I Agree with the above answers. In California, courts generally respect the autonomy of divorcing parties to make their own agreements about property division, spousal support, and retirement accounts, as long as the agreements are not egregiously unfair or one-sided, and both parties entered into... View More
we are selling our marital home and spitting it 50/50 I'm also giving him a additional 10,000. everything is noted signed and initialed in our MSA and divorce paperwork. will the judge kick it back and still make me give him spousal and my retirement (Solano county California) even though... View More
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answered on Jan 23, 2024
In California, during a divorce, the judge typically respects the agreements made between spouses, especially when it comes to spousal support and the division of assets, as long as the agreement is fair and both parties have entered into it knowingly and voluntarily. If you and your husband have... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
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answered on Jan 21, 2024
Under California law, when a Temporary Restraining Order (TRO) is granted, proper service is typically required for the order to be enforceable. However, in your case, where the husband has actively participated in the process despite not being formally served, the court may consider this as... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
answered on Jan 21, 2024
You do not have to be served personally when, as here, you make a personal appearance in Court which has the legal effect of succumbing to the personal jurisdiction of the Court and waiving any rights you may have had to contest the Courts personal jurisdiction over you. You could have avoided... View More
She went and filed before I did as I caught her cheating. She locked me out of the house, took all my clothes and left me with no phone or money or means to fix my vehicle that recently broke down. I have yet to respond. What do I do?
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answered on Jan 20, 2024
In California, the law regarding alimony and property division does not discriminate based on gender. As a male spouse, you have the same rights as your wife would in a similar situation. If you are not working and your wife is earning a significant income, the court may consider this disparity... View More
She went and filed before I did as I caught her cheating. She locked me out of the house, took all my clothes and left me with no phone or money or means to fix my vehicle that recently broke down. I have yet to respond. What do I do?
answered on Jan 20, 2024
Yes. Alimony is assessed based upon primarily the requesting spouse's evidence of the need for the support and the other spouse's ability to pay the support. There may be other considerations depending on your circumstances. Whether she had the right to exclude you and remove your... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
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answered on Jan 20, 2024
Under California law, you have the option to file Form DV-115, the Request to Continue Court Hearing and to Reissue Temporary Restraining Order, to reschedule a Domestic Violence Restraining Order (DVRO) hearing. This form is typically used to request a postponement of the hearing, but it can also... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
answered on Jan 20, 2024
Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one... View More
A man and women got married, she added his name to the title of her home. 22 years later the court grants her a divorce and awards her the home as her sole and separate property. 6 years later she died.
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answered on Jan 18, 2024
Based on the additional details provided, it does not appear the ex-husband would have a legal right to claim ownership of the home after his ex-wife's death. A few key points:
- When they divorced, the court specifically awarded the home as the ex-wife's sole and separate... View More
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