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they have not spoken with me in months and ive been told to just move on but the thing is if I do that and then they decide to come back and im with someone else, then id be considered cheating? even though its been moths, so id want an official statement or something
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answered on Nov 17, 2023
In California, there isn't a specific court procedure to compel a domestic partner to respond to a notice about the status of your relationship. If you're concerned about the implications of moving on, it's important to understand that being in a domestic partnership or a similar... View More 
And I give her 400 a month for my baby but she got a new boyfriend and things are getting complicated and I’m scared if I go to court I won’t have my week
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answered on Nov 17, 2023
In California, if you're facing issues with child custody and visitation, it's important to know that the court's primary concern is the best interest of the child.
Without a court order, both parents have equal rights to the child, but this also means there’s no legal... View More
I've looked at both processes for a default and default with agreement and they both have a requirement that says my spouse should not have filed a response in 30 days. If we are already in agreement to have a default divorce, can I not wait for the 30 days and just finish the rest of the... View More
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answered on Nov 17, 2023
In California, the law requires a waiting period of at least 30 days from the date the divorce petition is served before you can proceed with a default divorce. This period allows the responding spouse time to file a response. Even if you and your spouse are in agreement about the divorce, this... View More
I've looked at both processes for a default and default with agreement and they both have a requirement that says my spouse should not have filed a response in 30 days. If we are already in agreement to have a default divorce, can I not wait for the 30 days and just finish the rest of the... View More
answered on Nov 17, 2023
Yes, you are required to wait for 30 days if you want to request a default divorce. You husband's assurance to you that he won't file a response means nothing to the court. It would be advantageous to file an agreement signed by both of you acknowledging the terms of the divorce. It will... View More
He is military and didn’t take the paperwork with him. Dealing with it overseas
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answered on Nov 16, 2023
In California, during a divorce proceeding, both parties are generally required to share relevant documents and information. If your ex's lawyer is requesting new copies of the divorce and response paperwork, it is typically part of the discovery process in which both parties exchange... View More
My spouse and I don't have kids, debt, or property together and we are fairly in agreement about separating. We wish to do this ourselves since we don't have any disputes so we're expecting to not have trials or hearings anymore. Can we do this ourselves? What would be the most... View More
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answered on Nov 15, 2023
In California, you can file for divorce without a lawyer, especially in cases like yours where there are no children, debts, or properties involved, and both parties are in agreement. This is often referred to as a "summary dissolution" or an "uncontested divorce."
To... View More
My spouse and I plan to file for divorce ourselves without a lawyer as we are in agreement with everything. We have no children, debt, or properties together. Where can we get a reliable agreement template for our case?
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answered on Nov 15, 2023
In California, for a situation like yours, a reputable divorce agreement template can be obtained from the California Courts official website, which provides various forms and resources for self-represented individuals in divorce cases. Additionally, local law libraries and some county court... View More
There are no disputes between me and my spouse when it comes to divorce since everything is settled between us. We just want the most seamless process possible. Can a divorce proceed without having any trials or hearings? Also, is an uncontested divorce the same as a default divorce?
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answered on Nov 15, 2023
In California, a divorce can proceed without trials or hearings if it's an uncontested divorce, where both parties agree on all aspects of the divorce, including property division, spousal support, and if applicable, child custody and support. This type of divorce is often more streamlined and... View More
I am an immigrant and I plan to go back to my country after divorcing my spouse. We will have a default divorce with agreement and I will be the petitioner. As soon as I file everything with the court, can I move back to my home country after and just wait for the judgment from there?
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answered on Nov 15, 2023
Under California law, you can generally return to your home country after filing for divorce, especially in a default divorce with agreement where you are the petitioner. However, it's crucial to ensure that all necessary documents are filed correctly and that you have made arrangements to... View More
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answered on Nov 15, 2023
In California, when completing form FL-150 in the context of a divorce, it is important to accurately disclose all individuals residing in your household, including your spouse, even if you are in the process of divorcing. This disclosure is part of providing complete and truthful information about... View More
I was given my bio father's last name, but I have no connection to him, like nothing. I am a college student, full time, I am also on calfresh and cash assistant aid, I can't afford to get my name changed. So trying to see who can help me out
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answered on Nov 14, 2023
In Los Angeles, there are several legal aid organizations that might be able to assist you with a pro bono (free) lawyer for your name change. You could contact the Legal Aid Foundation of Los Angeles, Public Counsel, or the Los Angeles County Bar Association, all of which provide free legal... View More
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answered on Nov 14, 2023
Under California law, an "Amended Request to Enter Default" typically indicates that a party has updated or corrected a previous request for a default judgment in a court case. This often happens when the original request had errors or omissions. When a party fails to respond to a lawsuit... View More
My spouse and I fit all the requirements for summary dissolution, but unfortunately her family's house had been turned over to her name. Are we allowed to not declare this property so that we can proceed with summary dissolution instead of divorce? We do not have any disagreements about the... View More
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answered on Nov 14, 2023
Under California law, when pursuing a summary dissolution, full and honest disclosure of all assets is required. This includes any real property, regardless of how it was acquired or whose name it is in.
Failing to declare a property, such as a house turned over to your spouse's name,... View More
I am currently living with my spouse and we plan to get a summary dissolution soon. Our arrangement is that after we file it, I will go back to my home country since I am only a green card holder. I will not have a separate address of my own in the US as we are arranging the forms. What address... View More
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answered on Nov 14, 2023
Under California law, when filing for summary dissolution, you are required to provide a current address. It is permissible to use the same address as your spouse if that is your current residence at the time of filing.
However, if you plan to move to your home country shortly after... View More
I read that after the 6 month waiting period for summary dissolution, we have to complete the procedure by filing the judgment forms with the clerk. I will be moving out of the US as soon as we file for summary dissolution and I am unsure if my STBX is willing to do it herself afterwards. Is it... View More
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answered on Nov 14, 2023
Under California law, completing the dissolution process after the 6-month waiting period for summary dissolution can be managed even if you are out of the country.
You have the option to file the necessary judgment forms with the court clerk electronically, depending on the county's... View More
they been married for a 1 year, and he just got a green card couple of months ago.
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answered on Nov 14, 2023
In California, your daughter has the right to file for divorce regardless of the duration of her marriage or her husband's immigration status. She can initiate the process by filing a Petition for Dissolution of Marriage in the county where she resides. California is a no-fault divorce state,... View More
they been married for a 1 year, and he just got a green card couple of months ago.
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answered on Nov 14, 2023
Your daughter can definitely file for divorce from her husband, even though they've only been married for a year. Emotional, verbal, and mental abuse are all grounds for divorce in California.
As for her husband's green card, it's important to note that getting a divorce does... View More
My spouse and I have agreed to do summary dissolution but they are busy and might not be available on weekdays when the courthouse is open. Once we fill out the forms and gather the requirements together, can I be the only one who will file it with the courthouse? Does it also have to be in person... View More
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answered on Nov 13, 2023
Under California law, both parties are not required to be present together at the courthouse to file for summary dissolution. One of you can file the necessary paperwork. However, ensure that all forms are completed and signed by both parties before submission.
It's important to check... View More
The request for the witness fee and mileage was requested in writing, via email to the subpoenaing attorney, a week prior to the civil trial date. An acknowledgement from the attorney's office receiving the request was received but no further response has been provided. if the fee and... View More
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answered on Nov 13, 2023
Under California Government Code Section 68093, when a witness is subpoenaed for a civil case, they are entitled to a witness fee and mileage. If you have requested these fees in advance and have not received them, you are still obligated to appear in court as directed by the subpoena.
The... View More
The first time we went before a judge it was supposed to be about temporary spousal support. The next date a month later was for mediation and then we’d go before the judge again. Well the judge made visitation orders before we went to mediation. The other party and the attorney made false... View More
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answered on Nov 12, 2023
Hi, happy late Sunday to you!
Under California law, a judge does have the authority to make temporary visitation orders before mediation in a family law case, but there are some important caveats:
- The court can make emergency temporary orders to establish custody and visitation at... View More
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