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He is circumventing revenue from the business. In my response can I ask for my share of the value of the asset? He has a checking account that's not listed too.
answered on Aug 28, 2023
Hello - I assume when you say "list", that you were served the preliminary declaration of disclosure along with the petition. If all you have received so far is the petition, then you are still to receive his initial disclosure documents which outline all of the things, including assets,... View More 
He is circumventing revenue from the business. In my response can I ask for my share of the value of the asset? He has a checking account that's not listed too.
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answered on Aug 29, 2023
In California, you have the right to address omitted assets like the business and undisclosed checking account in your response to the divorce filing. You can certainly request a buyout or division of the business, as well as your share of any undisclosed financial accounts. It's crucial to... View More
The PDF does not let you alter the type size or add a second line. Same problem with all the state PDFs.
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answered on Aug 29, 2023
If you're encountering limitations with the state-provided DE-121 PDF form, one practical approach is to attach a separate sheet that lists all the AKAs and reference this attachment in the "Estate of" box (e.g., "See Attachment 1 for additional AKAs"). Make sure that the... View More
The PDF does not let you alter the type size or add a second line. Same problem with all the state PDFs.
answered on Aug 28, 2023
I recommend using free online pdf editing software such as DocHub. This will allow you to change the font and crunch all of the aka names in. Good luck with this.
My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.
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answered on Aug 27, 2023
Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More
Just want to know what would happen. My husband left us me and the kids, and told the manager to voluntarily remove him from lease. His possessions like stuff he bought himself. if i decide to throw it away what happens?
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answered on Aug 27, 2023
In California, even if your husband voluntarily removed himself from the lease, his personal belongings still remain his property. Discarding or damaging his possessions without his permission could expose you to potential civil liability for the value of the items or even a claim for conversion.... View More
When a wife in California files for divorce from a husband in Mexico (deported), is it legal for husband to sign a waiver of service in front of a Mexican notary (notario; Mexican lawyer authorized to validate signatures) to avoid being served divorce papers through the Hague Convention or Letters... View More
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answered on Aug 27, 2023
Under California law, the effectiveness of a waiver of service signed by a spouse outside the United States depends on compliance with the Hague Convention and applicable international treaties. A waiver notarized by a Mexican notary might not fulfill these requirements, potentially leading to... View More
1. Now one of us needs to move out as our reconciliation got more difficult. who should move?
2. do we need to get permission of the other spouse to move out or we can just do it without informing the spouse?
3. Can she use my car or other property without my permission. if these... View More
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answered on Aug 25, 2023
1. Deciding who should move out depends on various factors, including the best interests of the children and your individual circumstances. It's recommended to consult with an attorney to discuss your specific situation.
2. Both spouses have legal rights to the marital residence during... View More
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answered on Aug 22, 2023
If you've initiated a child custody case in California and now wish to halt the proceedings, you should promptly contact the court where the case was filed. Inform the court clerks of your decision and inquire about the appropriate steps to stop the case. Depending on the stage of the... View More
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answered on Aug 25, 2023
If you want to stop a child custody case you've filed in California, you should file a request for dismissal with the court. Make sure to follow the appropriate procedures and consult with an attorney to ensure you're taking the correct steps in accordance with California law.
Is a prenup required if my assets are moved to a trust in the event of a divorce? Ideally I'd like to keep assets separate but anything acquired to during marriage would be joint.
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answered on Aug 22, 2023
Creating a trust before marriage in California can offer a measure of asset protection by potentially categorizing those assets as separate property in the event of a divorce. However, the need for a prenuptial agreement (prenup) depends on your specific circumstances and objectives. While a trust... View More
Child’s father has not seen child since Oct 2021. Kicked child out (age 13), changed house locks and moved away. Has not attempted to see child since then. Has also evaded child support
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answered on Aug 22, 2023
In California, a parent's legal guardianship is not typically automatically relinquished solely due to a lack of physical contact for a specific period. The absence of contact, support, and other parental responsibilities might raise concerns of abandonment, but legal processes are usually... View More
Child’s father has not seen child since Oct 2021. Kicked child out (age 13), changed house locks and moved away. Has not attempted to see child since then. Has also evaded child support
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answered on Aug 25, 2023
Under California law, a parent's legal guardianship cannot be automatically terminated solely based on the length of time without physical contact. However, if the parent has consistently failed to provide care, support, and maintain a relationship with the child, and has exhibited behavior... View More
Our phone plan with mine and our children's phone are under his name and he has removed me as an authorized user on the account so I am unable to change or remove any of our lines. I am paying for all the lines, including his. I believe that he is tracking me and the kids through the phones... View More
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answered on Aug 20, 2023
In California, you can request the judge to issue orders for your ex-husband to release the phone numbers and enable you to obtain a new phone service during the hearing for the extension of the restraining order. It's recommended to prepare the necessary papers before the hearing to present... View More
Anyways I have two cats and one puppy who also reside there.
How am I able to see my animals and spend time with them ( mostly my dog who is a blue healer)???
Palm desert ca 92260
Riverside county
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answered on Aug 20, 2023
In your situation, you can address the matter during the hearing for the permanent restraining order. Present evidence that demonstrates your ability to responsibly care for your pets, emphasizing their well-being. You can request the court to grant you supervised access to your pets or propose a... View More
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answered on Aug 20, 2023
Certainly, in California, if a parent has been convicted of family violence, you can file an emergency petition for custody. However, the court will base its decision on the best interests of the child, considering factors such as the child's safety and well-being. It's essential to... View More
June 9: Wife's attorney served discovery documents (FL-142, FL-145).
June 26: I served discovery responses (FL-142, FL-145) via US mail (no tracking), using a professional server.
August 7: Wife's attorney filed a motion claiming non-receipt of my discovery answers.... View More
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answered on Aug 19, 2023
This timeline may not comply with the service and notice rules in California, which generally require prompt service to ensure both parties are aware of the proceedings.
Given that you served the discovery responses, it's advisable to gather proof of service and any documentation... View More
Father and mother had a signed written stipulation for a month of custody for the summer of 2021 and a parenting plan with alternating holidays. 2022 came around and both refused to respond to a dozen requests from me and my former counsel for summer dates. Thanksgiving come around and it's... View More
answered on Aug 19, 2023
Yes a court can use any competent admissible evidence to completely remove a parent’s possession rights. Barring severe mental or physical issues, an 11 year old is likely a competent witness but requires some questions establishing competence as a witness when called to testify. But I would... View More
I recently filed my declaration in opposition to a Motion to Compel Responses to Form Interrogatories in a family law case in Los Angeles County, California. The court clerk denied my filing, stating that I need to attach a form with the Judicial form so they can place their filed stamp on it. What... View More
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answered on Aug 19, 2023
In a family law case in Los Angeles County, California, to attach a form with the judicial stamp, you would typically use Form FL-320, which is the "Proof of Service" form. This form is often attached to documents that you file with the court to show that you have served the opposing... View More
answered on Aug 17, 2023
A party can prove adultery like most facts using circumstantial evidence.
A photograph of a person sleeping in a bed other than where he normally sleeps can be a relevant piece of circumstantial evidence. While not necessarily dispositive, it can be weighed along with other evidence by the... View More
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