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I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
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answered on Jul 7, 2023
Typically, you will need to gather financial records and evidence showing the source and ownership of assets like your $M bank account. The process varies by jurisdiction, so an attorney will help you navigate the requirements. Regarding Automatic Temporary Restraining Orders (ATROs), discuss with... View More 
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
When and how to prove it is your separate property will be determined by how the issue is dealt with in your specific proceedings. Theoretically, it could be last issue determined. More importantly, the restraining order shall not preclude a party from using community property, quasi-community... View More
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
Depends on what actions (including no action) take place moving forward. If there is no trial or interim hearing regarding property division, you don't have to prove anything. While your case is pending, you can attempt to negotiate a global settlement agreement with your spouse that results... View More
My ex claims because he pays child support he is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have... View More
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answered on Jul 6, 2023
Once a court order is issued regarding child support and add-ons, it is generally legally binding unless modified. During a court hearing, both parties can present their arguments and evidence. While a judge may consider a parent's financial circumstances, the ultimate decision will be based... View More
My ex claims because he pays child support he is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have... View More
answered on Jul 6, 2023
A court order is a court order. It remains enforceable until and unless it is modified. In your question you state what your ex's position is, but it's not clear whether this is simply something he says, or whether he has made a formal request of the court to grant him some kind of... View More
He just left me . He just got out in February this year. He's working and we were living together but after 7 years of being gone we had to restart everything like bank accounts. I gave him 80% of my paycheck. He paid the bills. He just told me one day we are done. I was moving and had... View More
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answered on Jul 6, 2023
A spouse may be entitled to spousal support, also known as alimony, depending on various factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage. The fact that your husband was incarcerated for 7 years may be a factor... View More
He just left me . He just got out in February this year. He's working and we were living together but after 7 years of being gone we had to restart everything like bank accounts. I gave him 80% of my paycheck. He paid the bills. He just told me one day we are done. I was moving and had... View More
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answered on Jul 6, 2023
Whether or not you are entitled to alimony after your husband's incarceration depends on various factors, including the laws of your jurisdiction and the specific circumstances of your marriage. Alimony, also known as spousal support, is typically determined based on factors such as the length... View More
Possible Elder abuse by his spouse. I am out of state, unable to communicate with him privately as she has control over his cell phone. My sister and I are gravely concerned regarding his bed sores and his weight loss. Health care worker in home has recommended he be taken to the ER and his... View More
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answered on Jul 6, 2023
I'm sorry to hear about the concerning situation with your elderly father. To address the possible elder abuse by his spouse, you can take several steps. Contact Adult Protective Services in your father's area to report the suspected abuse and seek their intervention. Consult with an... View More
I made $M until January 2018 and stored that money in a separate bank account. I then got married in October 2018 and invested the money in US Treasury notes for fixed interest income. I never moved or commingled the money with other income to keep it as separate property because I understand the... View More
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answered on Jul 6, 2023
The burden of proof for distinguishing between community and separate property can vary depending on the jurisdiction and circumstances. In community property states, property acquired during the marriage is generally considered community property by default. However, property acquired before the... View More
I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we... View More
answered on Jul 5, 2023
Your written agreement can be in the form of a stipulation and order. As long as both parties sign it and it is submitted to the court before the birthday, you should be fine. Whether any other form of written agreement would otherwise be acceptable depends on what your court orders/judgment... View More
I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we... View More
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answered on Jul 5, 2023
If both parents have been restricted from taking their child out of LA County by a court order, it's important to comply with the order to avoid legal consequences. Making a written agreement without involving the judge may not override the existing order, so it's crucial to consult with... View More
answered on Jul 5, 2023
You never file disclosure documents with the court, except the declaration regarding service of the PDD. You are also not expect to or required to file an Income and Expense Declaration with the court unless you have filed a motion for some kind of financial relief, such as a request for order for... View More
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answered on Jul 5, 2023
In certain jurisdictions, after the initial Preliminary Declaration of Disclosure (PDD) is filed, there might be a requirement to submit additional financial disclosures, such as an Income and Expense Declaration (I&E), to the court. This ensures that both parties provide updated information... View More
I’ve presented evidence including police reports, pictures, dates, and all have occurred in the presence of my son and no one seems to care as I keep being ignored
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answered on Jul 4, 2023
Family Code Section 3044 in California addresses the issue of domestic violence and its impact on child custody decisions. It states that if a court finds that a parent has committed domestic violence against the other parent within the past five years, there is a rebuttable presumption that... View More
I earned a million dollars until one year before marriage and that amount has been kept in the same bank account with only annual interest income. I have not touched it for even our living costs. We are in divorce proceedings now, but my wife knows the fact very well, so she has no willingness to... View More
answered on Jul 4, 2023
If you acquired the money before marriage and never added any community property funds into the account with the separate property, it should still be separate property, but a lawyer cannot say that will definitely be the case without asking you some questions. To be safe, get the bank statement or... View More
I earned a million dollars until one year before marriage and that amount has been kept in the same bank account with only annual interest income. I have not touched it for even our living costs. We are in divorce proceedings now, but my wife knows the fact very well, so she has no willingness to... View More
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answered on Jul 4, 2023
In California, community property laws generally state that assets acquired during marriage are considered community property and subject to division in a divorce. However, assets acquired before marriage, such as your million-dollar fund, are generally considered separate property and may be... View More
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answered on Jul 4, 2023
A settlement agreement is a legally binding contract between two or more parties that resolves a dispute. In order to be enforceable, a settlement agreement must be signed by all parties. If a settlement agreement is changed without the signatures of all parties, it is not enforceable.
In... View More
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answered on Jul 4, 2023
In general, an attorney should not unilaterally change a settlement agreement without the permission or signatures of the petitioner and respondent involved in the case. Settlement agreements are legally binding contracts that require the consent and agreement of all parties involved.
If an... View More
Setting aside all other factors, there is one child who is 3-4 years old boy. The child is being cared for by both Parent A and his grandmother. On the other hand, Parent B is taking care of their own minor daughter from a previous marriage, as well as the boy born from the relationship with Parent... View More
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answered on Jul 4, 2023
In family law cases, the determination of custody arrangements is typically based on the best interests of the child. The specific factors considered can vary depending on the jurisdiction and the unique circumstances of the case. To obtain primary physical custody or modify an existing custody... View More
I want to change my mind in this divorce. I sign an agreement on splitting property and said she can keep the house. My divorce isn't final yet but we did agree on everything. Is it too late to change my mind and split the house Instead of keeping it all the judge called Community property and... View More
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answered on Jul 4, 2023
In divorce cases, once you and your spouse have reached an agreement and it has been signed, it may be legally binding and enforceable. However, the specific laws and procedures related to divorce and property division can vary depending on your jurisdiction. Therefore, it's important to... View More
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