Get free answers to your Family Law legal questions from lawyers in your area.
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answered on Nov 7, 2023
If your grandchildren have been wrongfully removed by Child Protective Services in Stockton, California, you should promptly seek legal counsel experienced in family law to understand your rights and options. You may file a petition for dependency court to review the case and present evidence that... View More 
my children have bad trauma and behavior problems. They more they come into our lifes they worse they are getting. They dont help me at all and she keeps saying " i am not going to remove your kids".
what can i do? she want to open a case and present it to the judge . I decline
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answered on Nov 7, 2023
Under California law, when Child Protective Services (CPS) is involved, it is important to engage cooperatively while asserting your rights. If CPS intends to open a case, you have the right to be informed of the allegations and to speak with an attorney.
Engaging with CPS and showing a... View More
hello my name is Susan in may of 2023 my son was 2 i was having severe postpartum depression since i let it get out of control and never spoke to my doctor for help. My parents kept my son i didn't tell them i went to get help do to them not believing some one can have postpartum depression.... View More
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answered on Nov 7, 2023
In California, custody arrangements must be formalized through the court system to be legally binding. If you were coerced into signing a letter without a court order, that document generally would not have legal standing. You should promptly consult with a family law attorney to discuss the... View More
I'm not sure if it's supposed to be done together or one of us files first and gets served with the paperwork in the mail.
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answered on Nov 7, 2023
In California, the process for a summary dissolution is that both parties must prepare and file the joint petition together. There is no requirement for service of process as in a regular dissolution because it is a mutual filing. Both of you must sign the petition and related forms, agreeing to... View More
Not sure if we both need to fill out our own forms or we can just do one set of each form
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answered on Nov 7, 2023
In California, for a summary dissolution, you and your spouse are required to fill out and file a joint petition. This means that you will use one set of forms that both of you will complete together. The forms must reflect both parties' information and agreement on the dissolution of the... View More
My spouse and I own nothing together, there is nothing that needs to be divided. So how do we address the forms about dividing our property? Do we skip it all and just type up an agreement that states we don't have anything to divide and we both sign it?
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answered on Nov 7, 2023
Under California law, for a summary dissolution, if you and your spouse do not have any community property or debts to divide, you should still complete the property declaration forms. On these forms, you would indicate that there are no community assets or debts to be divided. You do not skip... View More
I am married for 4 years and we don't have any kids, property, or debt together as we live in my spouse's family home. If we do not have a lot to settle between us and are in agreement to end the marriage, how long would it take for us to work together and file the request for summary... View More
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answered on Nov 7, 2023
Under California law, if you meet the requirements for summary dissolution, you and your spouse can prepare and file the necessary paperwork relatively quickly, often within a matter of days, provided you both agree and work together promptly. The required forms include a Joint Petition for Summary... View More
Hi! I am a petitioned spouse of a US citizen. We've been together for 9 years and married for 4 years. I immigrated to California this year. Prior to that, there was a time last year wherein I didn't communicate with her for a few weeks due to a fight. She claims it affected her and... View More
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answered on Nov 6, 2023
In California, emotional distress is a potential ground for a civil lawsuit, but such cases typically require the plaintiff to prove that the defendant’s conduct was outrageous and intentionally or recklessly caused severe emotional distress. A brief period of non-communication, even if it... View More
I am married to an American, I am from Belarus, and we lived in Russia. Now I am in America. He works online for an American company, and we paid taxes as a married couple. I did not work, so he received refunds and the money went into his accounts during our marriage. I left him and came to... View More
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answered on Nov 6, 2023
Under California law, during a divorce, you may be entitled to spousal support based on various factors, including the length of the marriage, your needs, and your spouse's ability to pay. As for the tax refunds received during the marriage, these are generally considered community property... View More
We have an air bnb, and out of spite she has went and switched the direct deposit account from our joint account to an account in her name that only she has access to. What can i do? After trying to reason, she still will not switch the accounts back.
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answered on Nov 6, 2023
In California, if both spouses have an equal interest in a business operated by either or both, the revenue from that business would generally be considered community property. If your wife has redirected funds without your consent, you might consider sending her a formal written demand, citing the... View More
advice, overview, edit Petition Writ Mandate ,Evidence o App( not sure if on appeal Trial Court have Jurisdiction or Appelate. or not or. both ) and / or nee help advise on proceed bifurcation vs go to Jury Trial ,
Judge was to sever my claims from other tenants Trial 11.27.23... View More
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answered on Nov 6, 2023
Under California law, bifurcation in a civil case allows for one or more issues to be separated from the others and tried separately, often to expedite a certain part of the case or when the issues are distinct enough to warrant individual attention. In family law, this often means that the marital... View More
I am a green card holder due to my US citizen spouse who took care of all the expenses for my immigration process (around $9,000 in total). I have only been staying in the US for about 10 months so far. Unfortunately, the relationship is not doing okay and I would like to separate and leave the US.... View More
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answered on Nov 6, 2023
In California, expenses incurred for the benefit of the marriage, such as immigration costs, are typically considered shared marital expenses. In a divorce, the courts look to equitably divide marital property and debts, but they do not usually order reimbursement for such costs. If there was no... View More
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answered on Nov 5, 2023
In California, during a hearing, you are generally allowed to question your ex’s witnesses about relevant history connected to the case at hand, even if it has not been specifically brought up in the hearing, as long as it is within the scope of the direct examination and it relates to the issues... View More
Original restraining order was removed after judge had results from exams determining mental issues for the person who had the restraining order placed on them. Also the original order had incorrect birthdate. Second restraining order has correct date.
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answered on Nov 5, 2023
Yes, in California, a person can have a restraining order filed against them again, even after a judge has removed a previous one. The court's decision to remove an initial restraining order due to mental health issues or incorrect information doesn't preclude a new restraining order from... View More
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answered on Nov 4, 2023
Under California law, minors' counsel is appointed to represent the interests of the child in a custody or visitation case. It is not unusual for minors' counsel to meet with the parents separately to understand each parent's perspective and environment. However, the presence of... View More
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answered on Nov 4, 2023
The exclusion of witnesses is known as "invoking the rule," which is a procedural move to prevent witnesses from hearing the testimony of others, thereby reducing the risk of their testimony being influenced.
However, it is not uncommon for attorneys to have a witness present... View More
No court orders are involved. I’m filing with the county this month for joint custody. Hoping to move to Oregon in 2024. The goal is to have my children with me during the school year and I’ll fly them back to California so their father can have them for the summer break.
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answered on Nov 4, 2023
When deciding on matters involving the relocation of a child, California courts will primarily consider the best interests of the child. If no court orders are currently in place and you are seeking joint custody with the intention of moving out of state, the judge will scrutinize the potential... View More
Want to file a motion to dismiss
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answered on Nov 4, 2023
In California, after filing an answer to a complaint, you generally cannot file a motion to dismiss in the same way you could before filing an answer.
However, you may have the option to file a motion for summary judgment if you believe there are no material facts in dispute and you are... View More
Welp, my brother has run out of money. He has a good job but barely makes the bills and is in debt. He is in a sham of a short 6 year marriage and wants out. He filed, came up with some money to do so but now to proceed, he can't pay another retainer to go to court. He will have to... View More
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answered on Nov 4, 2023
In California, if your brother is seeking to modify or eliminate spousal support, he should be prepared to present a comprehensive picture of his financial situation to the court. This would include recent pay stubs, a current income and expense declaration, tax returns, statements for all debts... View More
Our credit card debt is in my name only. I have someone who will pay it off for me but I want to get some kind of judgement that shows he owes me for his half. He does not have any money now but will sometime in the future. Is it possible to get a judgement against him in the divorce?
answered on Nov 3, 2023
Debts incurred during the marriage are community debts, regardless of whose name is on the account. Debts acquired and/or incurred at any time from date of marriage to date of separation are considered debts of the community which are then shared 50/50 between the spouses. The court however, can... View More
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