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My divorce/child custody battle has been ongoing for almost 4 years. My youngest is 10 but always goes where the money is which is his dad. I’m low income and going to school full time. Honestly I’m tired mentally and emotionally, this whole process is draining me and my health just feels like... View More 
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answered on Apr 1, 2024
I understand that you are going through a difficult and emotionally draining situation. However, before making any decisions, it is essential to consider the long-term consequences and explore all available options. Here are some points to consider:
1. Consult with your attorney: Discuss... View More
My husband demand to keep the current house value ($1701.400) great neighborhoods and offered me Virginia house ( $835.500) and adding savings to close to
Half value.. but so far he offered I will get $647.000 and he will get $830.000. The monthly loan is $6000.
I will not be able... View More
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answered on Apr 1, 2024
In California, property acquired during the marriage is generally considered community property and is divided equally (50/50) in a divorce. However, there are some exceptions and nuances to this rule.
Regarding your specific situation:
1. If you cannot afford the mortgage on the... View More
He offered total $5000, both alimony and child.
16years of marriage. We have 50/50 custody. ( my sons are 14&16) his income $16.458 monthly my income $1200) also he has Navy pension ($5956 monthly) I have a right to receive pension monthly.
He was in service 27years, I was with... View More
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answered on Mar 31, 2024
Under California law, the division of assets and determination of spousal and child support in a divorce case is based on several factors. Here's a general guideline:
1. Spousal Support (Alimony): The court considers factors such as the length of the marriage, each spouse's... View More
we have been amrried 40 years and if we divorce i want he to be assured i won't cut her off financially
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answered on Mar 31, 2024
In California, when considering divorce after a long marriage such as yours, it's commendable that you're thinking about ensuring financial stability for your spouse. You can indeed prepare a letter expressing your intention to support her indefinitely, sharing income post-divorce. This... View More
Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More
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answered on Mar 29, 2024
In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More
One party already has an attorney yet I prefer mediation.
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answered on Mar 29, 2024
In Alameda County, California, the costs of divorce can vary widely depending on the complexity of the case, whether there are contested issues, and the choice of legal representation or mediation. Filing fees in California are generally consistent across counties, with the initial filing fee for a... View More
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answered on Mar 29, 2024
In California, even if your partner already has an attorney, mediation is still an option for you. Mediation can offer a more collaborative environment to resolve disputes and may lead to a more amicable settlement. It's designed to help both parties communicate their needs and reach an... View More
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answered on Mar 27, 2024
In California, it is possible to file for divorce even if you cannot locate your spouse to serve them with the divorce papers. The law requires you to make a diligent effort to find your spouse. This includes looking in phone books, asking relatives and friends, checking with the post office for... View More
answered on Mar 27, 2024
Yes, you can file for divorce without your husband. You need to be properly prepared to proceed. You will need to prove you did everything you possibly could to find him. If the judge isn't convinced you did enough, you will need to start all over. Please have someone help you, preferably an... View More
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
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answered on Mar 27, 2024
In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do... View More
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
answered on Mar 27, 2024
Motions of any kind can be opposed. It's very difficult however, and rare that an opposing party can come up with a valid justification for opposing a motion to bifurcate. CA is a no fault state. If someone wants a divorce they can have one.
Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More
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answered on Mar 27, 2024
Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
answered on Mar 26, 2024
She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
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answered on Mar 25, 2024
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More
Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More
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answered on Mar 25, 2024
Under California law, the date used to calculate home equity for the purposes of asset division in a divorce generally is the date of separation. However, if there have been significant changes in the property's value or mortgage balance since that date, this can complicate matters. The courts... View More
Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More
answered on Mar 25, 2024
Unless the court grants a motion to value the house at a different date, the court will take values and encumbrances as of the date of trial (or as close as possible). However, if you've paid down a community debt using your separate property (typically your paycheck after your separate), then... View More
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answered on Mar 25, 2024
Under California law, the division of assets during a divorce, including injury settlements, depends on whether the assets are considered community property or separate property. Typically, if the injury settlement was received during the marriage, it might be considered community property and thus... View More
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More
answered on Mar 23, 2024
This is not a criminal domestic violence matter...it is more a Family Law matter, and I have not handled one in 50 years. Repost on family law, not criminal posts.
Do you have a best friend who can assist you?
I believe she has to serve you with an unlawful detainer.
You can... View More
She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More
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answered on Mar 22, 2024
I'm sorry to hear about your difficult situation. In California, if you're dealing with divorce and property issues, it's essential to understand your legal rights, especially regarding property and housing. If you've been paying rent for a significant period, you might have... View More
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