Get free answers to your Family Law legal questions from lawyers in your area.
I was assaulted by my ex-boyfriend, and during the incident, a classmate prevented me from calling the police by taking my phone multiple times. I made five attempts to call 911, and they returned my call seven times. I later discovered that personal family information was shared online, and I... View More 
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answered on Aug 10, 2023
In situations where a sole witness refuses to testify and counter accusations are made, the credibility and weight of evidence become crucial. It's essential to work closely with your attorney to present your side of the story effectively and gather all available evidence, such as call... View More
Through reciprocity I brought back into CalPERS in the 1990’s for my time with Santa Clara County Fire from 1972-1977.
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answered on Aug 15, 2023
Pension benefits earned before the marriage generally remain separate property in California. Given that your marriage occurred in 1985 and your service from 1972-1977 was brought back into CalPERS in the 1990s, it's likely that your pension benefits for the service period before the marriage... View More
Through reciprocity I brought back into CalPERS in the 1990’s for my time with Santa Clara County Fire from 1972-1977.
answered on Aug 10, 2023
The community's interest in your pension is based on contributions made during the marriage and the earnings on those contributions. The terms of marriage is from date of marriage to date of separation. All other contributions and earning on the other contributions would be your separate... View More
I am fighting for my fourth generation family home, which is currently in the fiduciary hands of my late father’s wife. They were living separately but not legally separated at the time of his death. He did not have a will or any money at time of death, so the property is potentially being sold... View More
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answered on Aug 10, 2023
Scattering ashes on private property does not generally establish it as a cemetery under California law. While laying family members to rest on generational property can hold sentimental value, it is unlikely to have a direct legal impact on property ownership or the fiduciary arrangement.... View More
The attorney representing the plaintiff purposefully and with malicious intent translated my email from Chinese, providing a translation certificate, which was then submitted to the court. Within this translation, she inserted offensive language ("hell") nine times. Additionally, she... View More
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answered on Aug 10, 2023
If you believe that the attorney representing the plaintiff deliberately manipulated the translation of your email with malicious intent, potentially causing damage to your reputation, you may have grounds to initiate a legal action against her for defamation, intentional infliction of emotional... View More
The attorney representing the plaintiff purposefully and with malicious intent translated my email from Chinese, providing a translation certificate, which was then submitted to the court. Within this translation, she inserted offensive language ("hell") nine times. Additionally, she... View More
answered on Aug 9, 2023
A better plan would be to respond to this submission with your own certified translation with a declaration advising the court as to the incorrect and improper translation. As far as legal action, I would think it would be against the certified translator; not the attorney who retained him/her.... View More
I plan to retire from a high paying job. I expect to divorce shortly thereafter (1-2 years). My spouse of 20 years has not worked (initially to raise kids, then simply refused) for the duration of the marriage. We are both in our mid 50's. Division of community assets would leave us each a... View More
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answered on Aug 15, 2023
In California, when determining alimony, the court considers various factors, including the earning capacity of both spouses, the standard of living established during the marriage, and the financial needs and obligations of each party. Your decision to take early retirement may be taken into... View More
I plan to retire from a high paying job. I expect to divorce shortly thereafter (1-2 years). My spouse of 20 years has not worked (initially to raise kids, then simply refused) for the duration of the marriage. We are both in our mid 50's. Division of community assets would leave us each a... View More
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answered on Aug 8, 2023
It is a factor the court will consider. Some judges will give it more consideration, some less, hard to know. If you can work, make good money and it appears you may have retired in anticipation of divorce, I believe the court will give great consideration to your earning ability. Spousal... View More
Child support
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answered on Aug 8, 2023
You cannot remove child support obligations from your credit report unless there are legitimate errors or inaccuracies. To address any errors, you should follow the standard dispute process with the credit reporting agencies. However, fulfilling your child support obligations is crucial to... View More
Now her grandma is demanding money or she will go to the cops wat can I do ?
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answered on Aug 15, 2023
In California, engaging in explicit communication or sending explicit material with a minor, even if you were unaware of their age, can potentially lead to criminal charges.
However, I do agree, this is likely a scam.
That said, it's important to consult with an attorney... View More
I filed all my paperwork, published in the news paper that I was changing my name but I couldn’t make it to the court date because of work.
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answered on Aug 6, 2023
Missing the court date for a name change in California generally requires you to reschedule the hearing rather than resubmit all the paperwork. Contact the court clerk promptly to explain the situation and request a new hearing date. Be sure to follow any instructions provided by the court to avoid... View More
And my brother's signature was forged I was in custody and never allowed to meet with the judge he never assigned legal counsel to me at all. And I was placed on a contingency for 13 months on the 13th month I spoke with the courthouse investigator who said it should go before a trail jury to... View More
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answered on Aug 6, 2023
Based on the information provided, it appears that there may have been significant legal issues and potential violations of due process in your case. You should seek immediate legal representation to address these concerns properly. An attorney can help you review the circumstances surrounding the... View More
Per our court order, my son is not allowed to refer to his step mom as mom or mommy. It was brought to my attention that my son's father is forcing our son to call his step mom "mama (her name)" stating that the court order does not say he can't call her this term and that... View More
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answered on Aug 5, 2023
Under California law, if the court order specifically prohibits your son from referring to his stepmom as "mom" or "mommy," then the father's actions in forcing your son to call her "mama (her name)" could be interpreted as a violation of the court order. However,... View More
He has a MPI retirement plan which he is now claiming, am I mistaken in thinking that I am also eligible for this. He has been trying to hide the fact he is claiming it, when I found out he became quite nasty and send that he needed all the money
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answered on Aug 5, 2023
You are generally entitled to half the interest earned while married. This should have been addressed in your divorce judgment. Often times it is and the party's are supposed to prepare a qualified Domestic Relations order to split it. However, a lot of times parties to a divorce just forget... View More
He has a MPI retirement plan which he is now claiming, am I mistaken in thinking that I am also eligible for this. He has been trying to hide the fact he is claiming it, when I found out he became quite nasty and send that he needed all the money
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answered on Aug 5, 2023
I can understand how distressing this situation must be for you. In California, retirement benefits accrued during a marriage are typically considered community property, and you may indeed have a legal claim to a portion of your ex-husband's MPI retirement plan if it was accumulated during... View More
Dad kicked me out, and is stealing my financial aid ($13k+); and refuses to give me my legal documentation (passport, social security, birth certificate ect). I’m pretty much homeless because of his actions.
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answered on Aug 5, 2023
I am sorry to hear about your situation. Financial and emotional abuse can have serious legal implications. Under California law, financial abuse and withholding essential documents are unlawful actions. You may have grounds to seek legal remedies and assistance, such as obtaining a restraining... View More
Filed a petition for family allowance, California Probate code section 6540. Judge denied but reason not stated. What does that mean? How do you know what was needed, documentation, witnesses or other to have it granted. If I borrowed money for maintenance will using the retroactive be allowed... View More
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answered on Aug 5, 2023
In a probate case, the most common reason a judge may deny a family allowance request under California Probate Code section 6540 is due to a lack of sufficient evidence or documentation supporting the need for the allowance. To have the request granted, it is crucial to provide clear and compelling... View More
2) the property went into foreclosure then she sold the property to a family friend for 300k under market,
3) New owner (fam friend) is threatening to have what’s left of mine moved if I don’t get it in a couple days.
4) the TRO only allows me onto the property with a sheriff... View More
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answered on Aug 4, 2023
Under California law, the new owner, even if they are a family friend, cannot remove your items from the property if you have a legal right to possess them. If your items are rightfully yours and were not part of the property's sale, you may have a legal claim to recover them. You should... View More
I have served my preliminary financial disclosures and filed the appropriate documents with the court (as well as a request to enter default since she never responded to the petition). She is refusing to provide me with ANY financial information. We have 50/50 custody of a minor child and neither... View More
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answered on Aug 4, 2023
In California, if your spouse refuses to provide financial disclosures, you can request the court to order her to do so by filing a motion to compel. If she continues to fail to comply, you can proceed with the divorce based on the information you have provided, along with your preliminary... View More
answered on Aug 4, 2023
There is no automatic inheritance unless someone does no estate planning. If someone dies without a Will or Trust, the law says who inherits the assets. Your question doesn’t say if the deceased parent did any estate planning but, if there is a Will or Trust, then that document will say who... View More
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