Get free answers to your Family Law legal questions from lawyers in your area.
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answered on Nov 11, 2023
In California, lawsuits involving Child Protective Services (CPS), especially those as serious as a wrongful death case, are typically handled by attorneys with expertise in civil rights and government liability law. These attorneys often have experience in dealing with state agencies and... View More 
I am an adult. My birth parents have been divorced for many years. The intention is that I would be adopted by my aunt, who lives in California. As I understand it, the adoption would then "sever" the parent-child connection between myself and my birth parents. However, I do not wish... View More
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answered on Nov 11, 2023
In California, adult adoption typically involves the complete replacement of both birth parents, legally severing the relationship with them and establishing a new one with the adoptive parent(s). However, in your case, where you wish to maintain the legal relationship with your birth father while... View More
The mother has not payed, contributed or seen the children in over 3 yrs
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answered on Nov 10, 2023
In California, when seeking to terminate parental rights, it's generally advisable to file separate petitions for each child. This approach ensures that the court can address the specific circumstances and best interests of each child individually.
Although the reasons for seeking... View More
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answered on Nov 10, 2023
You can file a motion with the court asking the judge to overrule your spouse's lawyer's blockade. In your motion, you will need to explain why the blockade is unreasonable and why the court should grant your request for dissolution of marriage.
It is important to note that there... View More
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answered on Nov 9, 2023
If your spouse has had their lawyer block the dissolution of marriage, it's important to seek legal advice to understand your options. You may need to respond to any legal motions filed and ensure your rights are represented.
Consider hiring an attorney who can guide you through the... View More
Spouse arrested for domestic violence along with a felony vandalism
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answered on Nov 9, 2023
Under California law, you can request a restraining order against your spouse immediately following an arrest for domestic violence. There is no mandatory waiting period to apply for a restraining order in such cases. The courts prioritize these requests due to the urgent nature of the... View More
she went to the first hearing without complaint. can that suffice with a declaration if i have text messages of her berating me about the filing
at the time i declared service
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answered on Nov 9, 2023
In California, if your wife voluntarily appeared at the first hearing without being formally served, she may have waived service of the divorce filing. The court generally requires formal service to ensure that both parties are aware of the legal proceedings.
However, a voluntary... View More
I am represented by an attorney and my husband is representing himself.
answered on Nov 9, 2023
Before any judgement can be entered by the court, there must be a declaration filed with the court stating that each party served at least there "preliminary declaration of disclosure". There is a Judicial Council form that can be used however, for waiving financial disclosures. Both... View More
I am represented by an attorney and my husband is representing himself.
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answered on Nov 9, 2023
In California, even if you and your husband have reached your own agreement, you are both required to fill out and exchange financial disclosure forms when going through a divorce. This is a mandatory part of the process and includes the completion of the Preliminary Declaration of Disclosure,... View More
He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with... View More
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answered on Nov 9, 2023
In California, if you were coerced into signing divorce papers, you might have grounds to contest the divorce judgment. Contesting a judgment involves filing a motion to set aside the divorce judgment based on duress, fraud, or a lack of informed consent. The complexity of this process can vary... View More
He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with... View More
answered on Nov 9, 2023
"forced" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to... View More
But didn't serve the proposed order after hearing on opposing party. The court clerks then rejected the order after and never re filed the order after. So I have a post judgement modification of child custody and no orders I can access because the clerk removed the filed documents from the... View More
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answered on Nov 9, 2023
Since the court made post-judgement modifications to child custody but the orders were never properly filed and served, here are some options to consider in California:
- Contact the court clerk and request copies of any notes, minutes, or temporary orders from the hearing where custody was... View More
And lived in Kings County until March 2023 10 1/2 months moved to Santa Barbara County lived there for an unspecified amount of time possibly 6 months but has been in Kings County and homeless and was rejected by commissioner regarding my guardianship because he said it was not our jurisdiction
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answered on Nov 9, 2023
In cases involving jurisdiction for guardianship, the court typically looks to the child's "home state," which is generally where the child has lived for at least six consecutive months before the guardianship filing.
If your granddaughter has been moving between counties,... View More
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answered on Nov 8, 2023
As the parent with sole physical custody in California, you generally are not required to inform your child's other parent about your personal relationships unless such disclosure is stipulated in the custody agreement or court order.
The other parent's rights to information... View More
How can I receive sending address ¿
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answered on Nov 8, 2023
To withdraw motions in California, you generally need to file a Notice of Withdrawal of Motion with the court where the motions were filed. This document should state your intention to withdraw the motions and should be served on all parties involved in the case.
For the specific form and... View More
CA case. Date of separation is filing date of 9/15/23. Couple still living together in home. Husband is retired and Wife is the major breadwinner (which is why husband wants to file separately). To stick her with the taxes. Shouldn't any taxes owed come out of the community property assests... View More
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answered on Nov 8, 2023
In California, a community property state, income earned by either spouse during the marriage is typically considered community income, and both spouses are equally liable for taxes on that income. If a couple is married but files separately, they still generally share responsibility for any taxes... View More
I have been married for 4 years. We agree to have a summary dissolution but we are still finding time to fix the forms together and file it. However, the fifth year mark of our wedding is already near and we may not be able to file it in time before this. Is the process strict that they can only... View More
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answered on Nov 8, 2023
In California, summary dissolution is an option for couples who have been married for less than five years. The eligibility for summary dissolution is based on your status at the time of filing, not the date of separation.
If you have been married for exactly five years or less at the time... View More
The question pertains to a trust that will have some money after a house is sold.
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answered on Nov 8, 2023
In California, if a deceased parent’s estate owes money to an adult child, the debt to the child is generally treated as a claim against the estate. Upon the sale of a house belonging to a trust, the trustee must adhere to the terms of the trust and relevant state laws to settle debts.... View More
I have been with my US citizen spouse for 9 years and married for 4 years. I just immigrated to the US earlier this year with a non-conditional green card. The relationship is real and genuine and I never used her for residency. Unfortunately, it is no longer working out and I ultimately want a... View More
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answered on Nov 8, 2023
The validity of a marriage is based on the genuine intent of the parties at the time the marriage was entered into. If your marriage was entered into in good faith and not for the purpose of circumventing immigration laws, your spouse would generally have a difficult time proving otherwise,... View More
I am a green card holder due to my US citizen spouse. I immigrated to the US this year and am a part-time worker. My spouse and her family have been the ones covering the major expenses throughout our marriage (wedding ceremony, immigration, etc.) since I do not have a high income. Unfortunately, I... View More
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answered on Nov 8, 2023
In California, the financial support provided by a spouse during the marriage is typically considered a marital gift and not a loan that needs to be repaid upon divorce. The Affidavit of Support may obligate your spouse to support you above the poverty line, but it does not create an automatic debt... View More
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