Get free answers to your Family Law legal questions from lawyers in your area.
I want to make sure the money we settled on, will count as part of the divorce and is not seen as just a gift.
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answered on Oct 19, 2023
In California, property division including assets like 401(k)s is often detailed in a marital settlement agreement during an uncontested divorce. Timing for disbursement of funds from a 401(k) could be impacted by how and when this agreement is finalized and approved by the court. It's often... View More 
I want to make sure the money we settled on, will count as part of the divorce and is not seen as just a gift.
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answered on Oct 21, 2023
To ensure that the funds you provide from your 401(k) are considered part of the marital settlement and not a gift, it's essential to document the transaction properly. When filing an uncontested divorce in California, you and your spouse will likely complete a Marital Settlement Agreement... View More
My agreement is 50-50, joint, legal and physical. No Child support payments involved with our case for our 5, and 3 year old. There’s a section stating our obligations on notifying the other parent.
( The parents shall keep each other informed of all of the children's medical,... View More
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answered on Oct 21, 2023
Based on the language provided in your custody agreement, decisions related to the children's "extra-curricular school activities" require mutual consent. While art competitions might not be strictly school-related, if the children's participation is more involved than simply... View More
so we rec'd signed title later, the car had not been registered to either of us, however I did let my spouse know I was working on it; so, when she filed for divorce, so she went through my personal belongings & took back the signed title to use as leverage to do as she said, she wanted me... View More
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answered on Oct 18, 2023
Under California law, spouses owe each other fiduciary duties, which include the obligation to act in the utmost good faith and fair dealing concerning the other. Withholding a title to prevent another spouse from registering a car, especially when used as leverage in a divorce, can potentially be... View More
I was served divorce papers on 10 Oct 23. Upon reviewing the paperwork, I noticed that on FL - 160, "Property Declaration ," under "Cash" and "Savings" and "Checking" accounts, it states "None." She was able to have court fees waived as well.... View More
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answered on Oct 17, 2023
In California, both parties in a divorce are obligated to make a full and accurate disclosure of all assets and liabilities. Failure to disclose known assets can be seen as a breach of fiduciary duty. If you believe your spouse has not accurately disclosed assets, you can file a declaration with... View More
I was served divorce papers on 10 Oct 23. Upon reviewing the paperwork, I noticed that on FL - 160, "Property Declaration ," under "Cash" and "Savings" and "Checking" accounts, it states "None." She was able to have court fees waived as well.... View More
answered on Oct 17, 2023
It’s probably not a breach of fiduciary duty. She doesn’t have a fiduciary relationship with the court. Spouses’ fiduciary duties to each other end when one of them files for divorce. Moreover, you haven’t been harmed because you know the truth.
She’s probably trying to get the... View More
I am a school teacher, US Naturalized Citizen and French. Ex-husband is a business lawyer. He stopped loving me and abused my trust in him many a times*. I was under his influence, my mental health was impaired and caused a severe anxiety-depressive syndrome. He made me sign an unjust and abusive... View More
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answered on Oct 16, 2023
I'm sorry to hear about your situation. Under California law, if there's evidence that one party was unduly influenced or coerced into signing a divorce settlement, or if there was fraud or concealment involved, you may be able to petition the court for a modification or set aside the... View More
He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance
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answered on Oct 16, 2023
I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California... View More
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answered on Oct 16, 2023
Under California law, both biological parents and de facto parents can have standing to seek custody and visitation rights. A biological father retains his rights unless they have been legally terminated. On the other hand, a de facto parent, someone who has assumed the role of a parent, can also... View More
Married Sep. 20 1996 in San Franciso. Divorced pronounced in San Jose in April 2003. I am requesting the modification of my divorce settlement because it is UNFAIR. I UNWILLINGLY waived all my rights, notably for half Social Security pension because my husband told me I did NOT need any lawyer... View More
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answered on Oct 16, 2023
I'm truly sorry to hear about your situation. In California, if you believe your divorce settlement was unjust due to undue influence, misrepresentation, or fraud, you have the right to petition the court for a modification.
Begin by gathering evidence that supports your claims, like... View More
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answered on Oct 15, 2023
In California, the community property laws dictate that assets and debts acquired during the marriage are generally considered equally owned by both spouses. This means both the 401(k) and pension payments accrued during the marriage are typically divided equally upon divorce. If your spouse is... View More
I was served papers on 10 Oct 23. I noticed on FL - 160, "Property Declaration" that she lists "Cash, Checking & Savings Account" as None. a company prepared her paperwork. Isn't this a breach of fiduciary trust that requires her to list assets that we have? How do I... View More
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answered on Oct 15, 2023
In California, both parties in a divorce are required to make full disclosure of all their assets and debts, under the fiduciary duty they owe to each other. If a party fails to disclose an asset, it can be set aside and awarded entirely to the other party.
To alert the Court, you would... View More
One more thing. Instead of divorce, I would like to ask the judge for counseling for both parties. According to my research, it states the following: "Further, California courts have considerable discretion in the matter, which means they can order counseling when it is deemed appropriate,... View More
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answered on Oct 15, 2023
Note that California is a no-fault divorce state, and so the other party has an absolute right to obtain a divorce. However, feel free to ask the Court for an order to go to counseling.
While a judge may not order it, in California, if you are seeking counseling in lieu of divorce, you... View More
He lost his job that is why he is taking a loan. I am not opposed it is his 401b but i have to sign something since it is over 50%. I am not opposed to it but I do not want to be responsible to pay it back if he can not find a job to pay it back since our divorce is not finalized. He is... View More
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answered on Oct 14, 2023
In California, assets acquired during a marriage are typically considered community property, which means both spouses share equal ownership. If your husband is taking a loan from his 401(k) during the divorce process, it might impact the division of that asset. If you sign consent for the loan,... View More
My mediation order is very clear. It states I will have visitation on odd year holidays. My child’s mother is refusing to give her to me this year (2023) Halloween and has refused to allow visitation for her birthday this year (2023) as well.
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answered on Oct 14, 2023
In California, if you have a court-ordered child custody or visitation order, law enforcement may assist in enforcing it. Sacramento County is no exception. If a party violates the order, you can contact the local police or sheriff's department with a copy of the court order in hand. They may... View More
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answered on Oct 13, 2023
Hi there,
Here are a few suggestions on how to check if your deceased father left you land in Mexico in a will or trust:
- Contact the county clerk's office in the county your father lived in the USA to see if a will was probated after his death. They should have the will on... View More
Filing a domestic violence, restraining order on me when I have not even seen this woman in over four years and have had absolutely no contact with her due to the fact that she either blocked me or changed her phone number at least a year ago! And what I am wondering is, can I get the whole order... View More
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answered on Oct 12, 2023
Under California law, while a restraining order typically arises from relationships defined by family, cohabitation, or intimate involvement, other types of restraining orders can be sought, such as civil harassment restraining orders, for broader categories of relationships. To obtain such an... View More
The social worker told then courts that I wasn't cooperating or following through with the reunification plan created for my case, which was untrue. Also that I was still romantically involved with the perpetrator also untrue. She has now stated that I failed to reunify with my older children... View More
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answered on Oct 12, 2023
In California, the statute of limitations can be impacted by the discovery rule, which might delay the commencement of the limitation period until a claimant discovers or should have discovered the injury and its negligent cause. Dependency cases have their own unique complexities and timelines. If... View More
My daughter lived with me for a year. She went to her moms for a visit and her mother decided to take her back. My daughter was fine with this so I was as well. But now I haven’t spoken or seen her in 3 months. Every time I ask her mother to have her call me she agrees but I never get a call.... View More
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answered on Oct 10, 2023
In California, if you have a valid court order for visitation that the other parent is violating, you may be able to seek law enforcement assistance in enforcing the order. However, law enforcement officers often prefer not to get involved in civil matters unless there's a clear indication of... View More
She has blocked me on my phone number and she keeps me from seeing my daughter. I have no court order or custody arrangement set up. I want to start the process. I don't know how to serve her when I don't know her address.
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answered on Oct 10, 2023
In California, to initiate a divorce, you'll need to file a Petition for Dissolution of Marriage. If you cannot locate your spouse to serve the petition, you may be permitted to serve her by "publication" or "posting" after making diligent efforts to locate her. This... View More
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