Get free answers to your Family Law legal questions from lawyers in your area.
I put in a request for order to have my ex pay for my lawyer for our divorce. The hearing is scheduled for 2 months after my divorce court date. What can I do? I can not afford a lawyer.
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answered on Oct 27, 2023
Under California law, if you're unable to afford legal representation for your divorce, you have several options. First, you can request a fee waiver from the court, which, if granted, may reduce or eliminate certain court fees. Second, you might consider seeking assistance from local legal... View More 
I thought minors counsel was the voice for the child. Child wouldn’t speak about taxes.
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answered on Oct 27, 2023
Under California law, a minor's counsel is appointed to represent the best interests of the child in custody and visitation matters. Their primary role is to gather evidence about the child's well-being, preferences, and circumstances and to present this information to the court. While... View More
I thought minors counsel was the voice for the child. Child wouldn’t speak about taxes.
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answered on Oct 27, 2023
In California, minor's counsel is appointed by the court to represent the child's interests in family law matters. Their role typically centers around advocating for the child's best interests rather than addressing specific tax-related issues, such as which parent will claim the... View More
Filed paternity Lawsuit against my father she refuses to take DNA, however her two daughters complied.
DNA results came back non-conclusive, due to their mother lack of participation. The attorney representing the daughters used a child support stipulation to authenticate standing. My... View More
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answered on Oct 26, 2023
Under California law, setting aside or vacating a judgment can be complex. If you believe the judgment was procured by fraud or that there was a mistake or inadvertence, you might be able to seek relief under California Code of Civil Procedure (CCP) § 473 or § 473.5. Additionally, CCP § 663... View More
Document has attorney signature only along with Judge signature. accordingly, CCP 664.6 my understanding this document is not enforceable.
Please let me know if I'm right this document can not be used a s proof of standing.
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answered on Oct 26, 2023
Under California Code of Civil Procedure (CCP) § 664.6, the court may enforce a stipulated settlement if the parties have agreed to it in writing or orally before the court. For the agreement to be enforceable under this section, it generally requires the signatures of the parties involved.... View More
My wife and I are permanent residents of the US, and we have been living in California for about 9 years. We got married in our home country, and we are planning to get divorced in the same place.
1. Will our divorce be recognized in California?
2. Do we have to register our divorce... View More
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answered on Oct 25, 2023
I understand your inquiries regarding California family law and its treatment of foreign divorces.
1. California typically recognizes divorces from foreign countries as long as the divorce was legally finalized in that country.
2. While California recognizes the divorce, there is no... View More
the foster mother who has my kids befriended me called CPS
on me and has been going around to mutual friends and my pastors at church and has my social worker believing her defamation of character her motive financial gain I have proof and she is mentally unstable and has history of... View More
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answered on Oct 25, 2023
In California, if you believe that Child Protective Services (CPS) wrongfully removed your children based on false accusations, you can initiate legal action. First, gather all evidence, including any proof of the foster mother's actions and her history, as well as letters from those willing... View More
Father has been doing drop off and pick up for a couple of weeks due to my car being out of service. He is complaining about gas and time being wasted due to travel. I am supposed to drop off and then he drops them back off at my house after the visit. I have sole physical and legal custody of both... View More
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answered on Oct 25, 2023
In California, both parties are generally expected to adhere to court-ordered custody and visitation arrangements. If temporary circumstances, such as your car being out of service, prevent you from fulfilling your obligations, communication is key. Discuss the situation openly with the other... View More
Divorce with minor children, he has been hiding income and refusing or neglecting visitation against court orders. I also requested spouse support as we were married for 9 years and 6 months. All assets he sold or got forclosed
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answered on Oct 24, 2023
In California divorce proceedings, if the defendant fails to file a trial brief, financial disclosures, or an exhibit list, it could have several implications. First, not providing a trial brief might place the defendant at a disadvantage by not clearly presenting their case or arguments to the... View More
court was on 9/6 judge ordered a date for 4/19 but its been hectic just within the new court orders
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answered on Oct 23, 2023
In California, deciding whether to request an emergency hearing due to a parent's non-compliance with court orders requires careful consideration. To determine if it's appropriate:
1. Urgency: Assess if the situation demands immediate court intervention to safeguard a child's... View More
Mom and Dad’s divorce was finalized in Alaska back in 2022 (dissolution w/ minor). Mom and child moved to California and have been here for one year. Mom would like to file a Motion to change custody orders. Would she need to file the motion in California or Alaska ?
answered on Oct 23, 2023
Mom probably should have filed a request to modify custody in the Alaska case before moving to California. Assuming Mom had Dad's permission to move with the minor to California, Mom should now file a motion in Alaska requesting change of venue to California.
I left the petitioner, he moved out of my family home residence 5/5/2022. I made a big mistake transporting/aiding & abetting illegal aliens in a desperate attempt to make money. I was arrested for it on 4/14/23. I served a sentence of 5 months&a week (time served & released 9/18/23). I... View More
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answered on Oct 21, 2023
I'm truly sorry you're going through this difficult situation. To defend against false allegations in a DVRO hearing, consider the following steps:
1. Gather any evidence that can refute the claims made against you, such as text messages, emails, or any other forms of... View More
Would I need to close active case and open a new one or could I amend active case with current information?
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answered on Oct 21, 2023
To finalize a pending divorce case from 2009 in California, you would need to take the following steps:
1. Review the court file to determine the current status of the case and any outstanding issues.
2. If there are any unresolved issues, they will need to be addressed either by... View More
I was recently sent a correction to my previous orders in which my ex is apparently granted full legal custody. Does this completely Trump all previous orders?, spaning the eight years of our child's life. Including the ability to leave jurisdiction etc....
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answered on Oct 21, 2023
In California, a court order granting one party full legal custody typically gives that parent the right to make all decisions regarding the child's health, education, and welfare. When a new court order is issued, it generally supersedes and replaces any prior conflicting orders. However, the... View More
We shared a home & expenses 2011-2021. 2 kids 2017 & 2020. I have sole legal & physical custody w/visitation. No monies for kids as of Aug 2021. Why not back pay to then? The kids aren't a new situation. Why is there a pause in his responsibility?
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answered on Oct 21, 2023
In California, child support is typically not retroactive to dates before the filing of the request for support. However, the court can order support retroactive to the date of filing. When presenting your case to the judge, it's essential to provide documentation and evidence showing the... View More
..to buy out my half. His wife didn't want to sign, and apparently in California she needed to. I think he may have quick claimed the half that is borrowed against to her, in order for her to sign, then they both put it in a Trust Deed to the bank. So does he still own the whole house or... View More
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answered on Oct 20, 2023
In California, inherited property is typically considered separate property, which means it's not divided in a divorce. However, if your brother's wife acquired an ownership interest in the property through a quitclaim deed, she may have a claim to that portion. If the home increased in... View More
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answered on Oct 20, 2023
In California, spousal support, often referred to as alimony, is determined by various factors, with gender playing no role in the decision. Factors considered include the length of the marriage, financial needs and abilities of each spouse, standard of living, and contributions to the marriage.... View More
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answered on Oct 20, 2023
In California, alimony, also known as spousal support, is determined based on various factors, including the needs of the requesting party and the ability of the other party to pay.
The court considers the standard of living established during the marriage and the duration of the marriage,... View More
i might have forgot but not sure. i dont think i filed it if i did. but might have lost it
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answered on Oct 19, 2023
In California, the FL-141 is a Declaration Regarding Service of Declaration of Disclosure form that's generally required in divorce cases. The form serves as proof that you've provided your financial disclosures to your spouse. Regarding serving it to an incarcerated person, the usual... View More
i might have forgot but not sure. i dont think i filed it if i did. but might have lost it
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answered on Oct 21, 2023
Under California law, FL-141 is the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration. When undergoing divorce or legal separation, both parties are typically required to serve each other with their preliminary and final declarations of disclosure. The... View More
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