Get free answers to your Divorce legal questions from lawyers in your area.
I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More 
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answered on Jul 20, 2024
Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More
Can they make me move out immediately if I have already paid the rent?
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answered on Jul 20, 2024
Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.
The new owner of the property must honor your existing... View More
I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow... View More
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answered on Jul 19, 2024
Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and... View More
Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More
answered on Jul 12, 2024
You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.
Our separation date on form is March 2024
answered on Jul 8, 2024
Unfortunately, it is impossible to provide you any guidance. You have determine your separation date was in March and you will be filing for divorce next week. That's not much to go on. You both have an obligation to protect your property and disclose its whereabouts until everything is final.... View More
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answered on Jul 3, 2024
Rule 65 typically refers to a federal rule of civil procedure related to injunctions and restraining orders. However, in the context of divorce in California, there isn't a specific "Rule 65" that's commonly referenced.
In California divorce proceedings, there are some... View More
Family member, people from church and sexual contact with acquaintances, employer, ad infinitum
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answered on Jul 2, 2024
I understand you're asking about extending divorce proceedings related to emotional distress and adultery in California. This is a sensitive situation, so I'll provide some general information:
In California, divorce proceedings can potentially be extended if there are... View More
Does he need to file an Amended Petition or can we wait for the judgment paperwork. We are in agreement in everything except the wrong date of marriage that he wrote on the Petition. What does he need to do?
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answered on Jun 30, 2024
Based on the situation you've described, here's what you should consider:
1. Correcting the error: While it's important to have accurate information in your divorce documents, minor errors like an incorrect marriage date can often be corrected without filing an Amended... View More
He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More
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answered on Jun 30, 2024
Based on the information provided, here's a general response to your situation:
1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court... View More
What are my options and how will my divorce turn out in a 50/50 state?
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answered on Jun 29, 2024
Here's an overview of the key points to consider:
1. Quitclaim deeds and postnuptial agreements:
These documents can significantly impact property division in a divorce. However, their validity and enforceability can be challenged under certain circumstances.
2.... View More
Judge ordered OP's attorney serve proposed order for my approval, but she didn't do it. she filed it without my knowledge and judge signed on it. The FOAH contains OP's fabricated orders. I want to request the court to sanction against the attorney directly. As far as I know, Family... View More
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answered on Jun 27, 2024
Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some... View More
Marriage was 8 years but because I found letter from lawyer saying I was not divorce till final judgement was filed. I thought that I could file for survivor benefits. Ex husband is now deceased. SSA denied the claim because SSA is going by the judge date of 5-2-82 court date of dissolution. Is... View More
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answered on Jun 26, 2024
This is a complex situation that involves the intersection of family law and Social Security Administration (SSA) rules. Let's break it down:
1. Final Judgment Date: The final judgment of dissolution was issued on 8-17-2006.
2. Judge's Signed Date: The judge signed the... View More
The house is only her name and was purchased during our marriage three years ago, but she says that I signed a paper upon moving in saying that I would not take half of the house if divorce were to happen. We both have bad credit and no savings. I don’t know what my options are because I am... View More
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answered on Jun 26, 2024
Based on the situation you've described, here are some key points to consider and potential options:
1. Property division in California:
California is a community property state, meaning assets acquired during marriage are generally considered joint property, regardless of... View More
I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More
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answered on Jun 25, 2024
Based on the information you've provided, here's some guidance on your situation:
1. Filing for divorce:
As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since... View More
Married for 10yrs. Spouse moved back to his home country 2yrs back and is okay with uncontested divorce. No property owned, no kids, no debts. The only income was our salaries and neither of the spouses want to ask for any alimony or share in each others earnings. What would the divorce proceedings... View More
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answered on Jun 23, 2024
Based on the information provided, here's an overview of the situation and process for an uncontested divorce in California under these circumstances:
1. Residency requirement:
- At least one spouse must have been a resident of California for at least 6 months, and of the... View More
Started the process and got basically to the end. Got to the 6 month waiting period, and then let another year or so pass because of some life challenges. Have I waited too long? Can I file the final papers or do I need to start over?
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answered on Jun 21, 2024
Based on the information provided, here's my assessment of your situation:
1. You've been separated for 33 years but recently started the divorce process in California.
2. You completed most of the process and reached the 6-month waiting period, which is standard in... View More
may have had (living) trust changed. inheritance includes home in SF and Property in Texas.
answered on Jun 20, 2024
Each of the sisters have a right to a copy of the will and trust. The ability to change the trust will depend on the language contained in it. If the oldest sister refuses to provide the estate documents, the other sisters can compel the production of those documents from the oldest sister.... View More
may have had (living) trust changed. inheritance includes home in SF and Property in Texas.
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answered on Jun 20, 2024
Under California law, you have the right to request a copy of your mother's will and trust documents, especially if you are a beneficiary. Your older sister is required to provide these documents to all named beneficiaries and heirs.
If your sister refuses to share the documents, you... View More
I've heard that if the court orders it, we will lose $$ because the judge will force us to take a low-ball offer. Should we try to sell it and divide the profits before we go into a divorce? Thank you again for your expertise.
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answered on Jun 19, 2024
In a divorce situation, the timing of selling a marital home can be complex and depends on various factors, including your specific circumstances and the level of cooperation between you and your spouse. Here are some general considerations:
1. Selling before filing for divorce: If you and... View More
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answered on Jun 19, 2024
Based on the information provided, here are a few key considerations regarding taking out a loan from your retirement account before filing for divorce in California:
1. Automatic Temporary Restraining Orders (ATROs): In California, once a divorce petition is filed and the other party is... View More
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