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My spouse didn't respond within 30 days after receiving the divorce papers. I'm going to file a default. But it seems like it's taking a few weeks for the default documents to be filed, can my spouse still respond in the meantime?
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answered on Dec 25, 2023
Once your notice of default is filed with the court, then your spouse cannot file an answer. Not sure what you mean about taking a while to prepare the paperwork. I could prepare a notice and default and file it with the court in about 10 minutes. At any rate, until that notice of default is filed,... View More 
What to do
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answered on Dec 25, 2023
I'm sorry to hear about your loss. Under California law, when a property owner passes away without formally transferring the deed of their real estate, the property usually has to go through a process known as probate. Probate is a court-supervised procedure where the deceased's assets... View More
I am divorce as a default (without spouse response) and without any spousal support. I am filling up FL-343, and should I check "The Court Finds"? Also, should I check any thing under item 2 in page1?
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answered on Dec 24, 2023
In your situation, when completing form FL-343 for a default divorce in California without spousal support, it's important to pay close attention to the details in the form. Generally, the section "The Court Finds" is used when the court has made specific findings regarding spousal... View More
I am preparing divorce. I asked the lawyer for legal advice on my financial information and the direction of the divorce proceedings. It was done twice and I paid for it. But a few days ago, my spouse contacted this lawyer and I found out that the lawyer had sent my spouse a contract. Is it... View More
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answered on Dec 24, 2023
In legal practice, ethical guidelines prohibit attorneys from representing a new client if their representation involves a conflict of interest with a former or current client. If you've consulted with this lawyer and shared personal and financial information relevant to your divorce, this... View More
I saw on this website that this could be done, i want to mnow how. As my wife and i are going through divorce and i am her sponsor, she currently hold a conditional green card and been making threat to my finance
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answered on Dec 24, 2023
In a divorce scenario where you are the sponsor of your spouse's conditional green card under Form I-864, asking your spouse to waive the support obligation can be challenging. It's important to understand that the obligations under Form I-864 are enforceable by law, and your spouse has... View More
in 6 years I have had about 19 felony charges filed against me. I have several ongoing court hearings for Criminal, Family law, and Juvenille depency. No evidence has been submitted to any charge made and yet my child was taken away from me. Judge makes inappropriate comments and actions ranging... View More
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answered on Dec 23, 2023
In California, navigating through complex legal issues like yours, involving criminal, family law, and juvenile dependency, can be incredibly challenging and stressful. When facing a multitude of charges without evidence being presented, it raises serious concerns about the legal process and your... View More
Split with mother (of 8yo )2021 up until then loved together now we share our some bi weekly . I also have another son (11) and he spends the same schedule so I have my two sons in my apartment at the same time , bi weekly .
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answered on Dec 22, 2023
As a father in California sharing custody of your sons, you have certain rights and responsibilities. Firstly, you're entitled to spend time with your children according to the custody arrangement, which in your case is bi-weekly. This arrangement should be respected by both you and the... View More
Need info on below
1)What is LA Court mediation?
2)Is it attended by only the petitioner and respondent? or attorney's involved?
3)What can be the outcomes of the mediation session
4)Is it regarding Child Custody/support as a minor child is involved in my case?... View More
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answered on Dec 22, 2023
Under California law, LA Court mediation is a process where a neutral third party helps the involved parties to reach a mutual agreement on their disputes. It's often used in family law cases, including divorces and issues related to child custody and support.
Typically, both the... View More
child's mother withheld fact child no longer lives with her from me and D.C.S.S. only see's child maybe 2 times a week yet gets 100% time spent with child credit, i get 0% because mom nor child bothered to tell me they moved out of town. i would try to schedule visits with the child but... View More
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answered on Dec 21, 2023
In California, child support decisions are typically based on each parent's income and the amount of time they spend with the child. If the mother's living situation or the actual time spent with the child differs from what was reported, this could affect the child support calculation.... View More
Is my husband legally entitled to keep his income (which is the entirety of our community property income) in his individual bank account?
Thank you
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answered on Dec 21, 2023
In California, the income earned by either spouse during the marriage is typically considered community property. This means that even if your husband's income is deposited into his individual bank account, it is still part of the marital assets, belonging equally to both of you.... View More
The home loan is solely under myself, but I bought it while being married and added my husband to the deed. He has become a drug addict and can not hold down a job and does not contribute at all to the home financially and is very destructive. I have had to call the police multiple times on him and... View More
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answered on Dec 20, 2023
In California, property acquired during marriage is generally considered community property and thus subject to division upon divorce. Since the home was purchased during your marriage, it may be considered community property despite the loan being in your name only. However, the fact that you have... View More
This is a family law case where my ex ex started litigation post judgment over a frivolous matter. My attorney just let me know she had been diagnosed with cancer and I don’t know what I need to do next. my ex and his attorney are brutal. They will take advantage of every opportunity, especially... View More
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answered on Dec 20, 2023
In California, when your attorney is unable to continue due to a serious health issue like cancer and undergoing chemotherapy, it's important to take prompt action to protect your interests in a family law case. First, discuss with your current attorney the possibility of a continuance or... View More
We have been together for 15yrs 10yrs married and I am very concerned that when he gets the money he will take off and spend it on drugs or just kick me out with nothing. I'm wondering if I file for divorce or if I should just separate because I have been through a lot with him what would be... View More
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answered on Dec 20, 2023
In California, divorce and legal separation have different implications. Filing for divorce means you're seeking to legally end your marriage, whereas legal separation allows you to live apart without ending the marriage. Since you're concerned about the potential misuse of settlement... View More
His neighbors & friends can vouch that he wanted to leave everything to myself & my family & did not want my sister to get anything. We lived with him for 15yrs, from 2003-2018 & we moved to Alabama.
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answered on Dec 20, 2023
In California, if your father is dying in hospice without a Power of Attorney (POA) or Will, the situation becomes complex. Without these legal documents, decisions regarding his affairs may be challenging. However, given the circumstances and the testimony of neighbors and friends about his... View More
His neighbors & friends can vouch that he wanted to leave everything to myself & my family & did not want my sister to get anything. We lived with him for 15yrs, from 2003-2018 & we moved to Alabama.
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answered on Dec 20, 2023
In California, if your father passes away without a will (intestate), his estate will be distributed according to state intestacy laws. Unfortunately, verbal wishes or intentions expressed by your father to neighbors and friends generally won't override these laws. Since there is no will or... View More
There was a person named in the declaration as a witness in a case that dropped off response to custody case to a person that doesn't reside at the home and is of no family relation to the plaintiff. Is that considered a legal form of service? Also the respondent to the case has a person that... View More
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answered on Dec 20, 2023
Under California family law, the process of serving legal papers must adhere to specific rules to be considered valid. If a witness named in the case served the response papers, this might not meet the standard requirements for proper service. Typically, the person serving the documents should not... View More
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answered on Dec 20, 2023
If you were in the process of obtaining your Native American paperwork and your child was adopted out without your knowledge, you may want to express to Child Protective Services (CPS) that you were actively working on the necessary documentation for recognition of your Native American heritage.... View More
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answered on Dec 20, 2023
In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More
Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of... View More
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answered on Dec 19, 2023
In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of... View More
The person who did the service gave the packet of court documents to a person that isn't a resident in the household they were not in envelope and they just handed to the person and walked away not even asking for the person named on the documents. Is that a legal to be considered served? Or... View More
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answered on Dec 19, 2023
In California, the rules for serving legal documents, especially in family law cases like child custody, are quite specific. The method of service must comply with the California Code of Civil Procedure to be legally valid.
For personal service, which is the direct delivery of court... View More
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