California Divorce Questions & Answers

Q: Are both parents liable for fines for a minor who starts a brush fire when divorced & mother has physical custody

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Answered on Oct 15, 2017

That’s up to the criminal court judge to decide
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Q: My wife served papers on me but I am having trouble serving her since she gave a fake address. How do I remedy this .

1 Answer | Asked in Divorce for California on
Answered on Oct 9, 2017

Depends on what you mean by "I am having trouble serving her" Do you mean the address does not exist, and therefore you cannot personally serve her? Otherwise, you serve her at the address she provided on the petition, whether it's her address or not.
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Q: My husband opened a custody case in VA but the child and I live in CA how do I get it transferred to CA court?

1 Answer | Asked in Child Custody, Child Support and Divorce for California on
Answered on Oct 9, 2017

The better question is how to get it dismissed in VA. The VA court does not have jurisdiction if the children do not live there. If you get served with the petition, you need to file a motion to quash in the VA court.
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Q: Should I secure a job before divorce or after?

1 Answer | Asked in Divorce for California on
Answered on Oct 6, 2017

More facts are required to provide a thorough analysis. Some people try getting out of support obligations, but that may or may not work. The court would need to look at the marital standard of living. The date of separation could be key, too. Filing for Divorce could provide a solid date of separation.
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Q: I am currently residing in America with my Husband (a U.S. citizen) however I want a divorce and to go home to Australia

1 Answer | Asked in Divorce and Immigration Law for California on
Answered on Oct 2, 2017

You do not have to stay here while the action is pending. Consider a "Summary Dissolution". The case starts and ends with the filing of the joint petition.
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Q: I have 1 year old marriage based green card, Do I need to leave the country after divorce? Please give me an advice

1 Answer | Asked in Divorce and Immigration Law for California on
Answered on Sep 30, 2017

Your case seemed to be a marriage of convenience as detailed by you. You are de facto spouse ... complete your documentations and carry on as long as you can. Either of you has to take first step of going for formal separation as marriage cannot be without mutual consent. Consuslt your lawyer.
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Q: Can I go to jail or even get sued for cheating on my wife with other women and prostitutes?

1 Answer | Asked in Divorce for California on
Answered on Sep 30, 2017

Cheating on your wife is not a crime. Soliciting prostitutes is.
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Q: I take home roughly $2,400 a month what would be the average for child support for one kid? I live in California.

2 Answers | Asked in Divorce and Child Support for California on
Answered on Sep 30, 2017

You have not provided enough information
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Q: Hi my name is Sergio how can i find out if i am still married to a person after being separated for well over 15 years

1 Answer | Asked in Divorce for California on
Answered on Sep 29, 2017

Separation and divorce are different. If you did not follow divorce procedure then it is still a separation. If divorce was decreed and decree executed, then you are divorced... Check entry record...
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Q: Can I get my divorce decree amended?

1 Answer | Asked in Divorce for California on
Answered on Sep 29, 2017

Your details need clarifications. However, if all that is correct, you can sue for misrepresentation and get your divorce decree amended based on the info + evidence that you have.
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Q: Can my wife sue me for not giving her my 2001 Mitsubishi? She paid $2000 And wants the car because we are divorcing.

1 Answer | Asked in Divorce for California on
Answered on Sep 29, 2017

What do you mean, can she "sue" you? She can ask for the car in the divorce. Doesn't mean she'll get it. If you end up going to trial, the judge will decide. Otherwise, you can simply make it a point of negotiation. Not sure on what basis she could actually "sue" you.
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Q: can a divorce that was final in 2014 , be redone? because property wasnt included back then?

1 Answer | Asked in Divorce for California on
Answered on Sep 27, 2017

No, you cannot file for divorce from someone you are no longer married to. The proper remedy would be to file a motion to have the court adjudicate the omitted assets. What he's trying to do in Texas may be fraud.
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Q: I have 100% full custody of my 3 children - legal&physical. The home I live is in children's names. Can I be evicted?

1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for California on
Answered on Sep 24, 2017

Your question doesn't make any sense. If the house is in a trust, then the trust owns it. The children would be beneficiaries and the trustees would be in charge of making day to day decisions about running of the trust to comply with the trust document. If you are saying that the in-laws are trustees, whether or not they could evict you would depend on the terms of the trust, the powers that they were granted, and what the basis is for the eviction. Generally speaking, any tenant can be...
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Q: I have done legal separation in California for years, I want to know how long it will take when I file a divorce?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Sep 22, 2017

You can convert an existing legal custody case to a divorce case without having to start over
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Q: My wife is divorcing me. There is a hearing next month. It says it's uncontested, I didn't contest, should I still go?

1 Answer | Asked in Divorce and Child Custody for California on
Answered on Sep 22, 2017

If you decide to contest the divorce, you should determine whether you can file a motion to set aside the default, etc. Litigants generally need to file paperwork in order to be heard in the court, especially when the other party is moving for a default. Also, you may need the assistance of law enforcement to enforce the custody orders. Getting back together with your wife can be an issue in the case. There are many facts that need to be analyzed. More facts are required to provide a thorough...
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Q: What's the cost for divorce for only two people? No children.

2 Answers | Asked in Divorce for California on
Answered on Sep 22, 2017

Lawyers will need to know more facts about the case before quoting fees. For example, simple and agreed upon divorces will cost a lot less than a contested divorce with hearings and trials. Determining community property interests and the amount of work is necessary to assess the situation better. Since many divorce lawyers offer a free initial consultation, it would be a good idea to call a couple.
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Q: can i transfer my case file to a new attorney to settle my current divorce case? if so, is it very expensive? thanks.

1 Answer | Asked in Divorce for California on
Answered on Sep 18, 2017

Clients may fire attorneys. Clients can have their files transferred (or given back to the client) to a newly hired attorney. The cost depends on how many legal issues the new attorney would have to tackle. If the case is close to settlement, it shouldn't cost a lot, but an attorney may ask for a 2,000-3,000 deposit. The money should go into a trust account if the attorney is not working the case on a flat-fee basis. If it's an hourly case, it's generally possible to get money back from the...
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Q: If I retire, go to court & get the alimony reduced, then go back to work at a later date....can my ex get it raised?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Sep 16, 2017

Yes. Changes in circumstance can, in theory, be grounds for changing a support order. The reality is that it will depend on the other facts present in your case. If the ex-spouse is eligible for pension, you could use that as an argument in your favor as to why your support payment should not be raised. It will all be up to the judge to decide.
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Q: My husband has no visitation but demands to see our child, what can I do?

1 Answer | Asked in Child Custody and Divorce for California on
Answered on Sep 15, 2017

How about a restraining order?
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Q: How can I get visitation of my child? Wife isn't responding to me to arrange visitation. We're separating, possibly divo

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Answered on Sep 12, 2017

The domestic violence conviction does not help your case, but it's still possible to obtain joint legal custody and physical custody. It's difficult to predict what a family court will do, especially with limited information. In any event you are not seeing your child and would like to. You may need to file a request for order for child custody and visitation or you may need to file an at issue for trial. Asking the court for orders is generally necessary when one parent denies access to a...
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