Get free answers to your Divorce legal questions from lawyers in your area.
I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in... View More 
answered on Mar 15, 2025
Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.
Does my ex have to continue paying alimony if he lost his job but has several million in stocks, savings, etc., while I make $16,000 per month? The divorce and alimony agreement were finalized in California.
answered on Mar 14, 2025
A court order is a court order and must be complied with until it is modified or otherwise replaced with a new court order. When someone who is subject to a support order loses their job, it is their burden to go to court to get relief; to get a new court order that reflects their current... View More
I’m 72 years old and recently retired due to health reasons after suffering a stroke in 2023. I have been paying alimony for 21 years following a divorce finalized in Riverside County on 11/12/2004. My former spouse, who is now around 70 and was self-employed, chose not to remarry. She is... View More
answered on Mar 12, 2025
In general, the change in your income would be considered a change in circumstances by the court. This should allow you to file a Request for Order to modify spousal support. You can inform the court of your new income and your former spouse's ability to collect Social Security derivative... View More
I am in the process of a divorce as my wife filed for it after leaving in August 2022. I was never served divorce papers but received a notice of default in November 2024. Since then, I have not taken any legal steps, and I recently attempted to look up the case online with the case number... View More
answered on Mar 9, 2025
You have no standing to do anything until that default is set aside. File the motion to set aside based on failure to serve. Get a copy of the proof and service of the summons first, however, and see what it says about when and how your spouse is claiming you were served.
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
I would just like to add the following. If your wife does not have sufficient income, or sufficient assets to make up for insufficient income, and she cannot find a joint financial sponsor, then if you have sufficient assets, which would need to be $75,000 or more, then you could add that to your... View More
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More
My wife and I were married in our home country and later immigrated to the U.S. We've lived in California for about 10 years. Our marriage certificate includes a clause we did not sign, stating that if the divorce is not initiated by my wife, I must give her up to half of the assets I acquired... View More
answered on Feb 19, 2025
The laws of the tribunal (state, county or country) where you file for divorce will control. If you divorce in another country, a valid divorce there will be considered valid here in California without any additional filings.
I have been married for 13 years, and my spouse and I have been living apart for more than 2 years. We have 3 children together, but no significant assets or properties. We haven't agreed on child custody yet, but I'm currently paying child support every month. I haven't started the... View More
answered on Feb 19, 2025
1) hire an attorney; 2) don't use social media, Google, or this website to teach you how to be your own lawyer. The court's website has a self-help link if you insist on handling this on your own. https://selfhelp.courts.ca.gov/divorce-california
How can I get the venue changed seems unfair to me and a conflict of interest
answered on Feb 6, 2025
You will need to file a motion to transfer a family law case (i.e. change of venue.) A family law case will be moved to another county if you can prove to the court a fair trial would not be possible because your wife works in family law in the same courthouse. My best regards. Rob California... View More
I have a question regarding community property laws in California and how they apply to an unfinished e-book I started writing during my marriage. I am not a writer, but I began working on an e-book and have completed writing approximately 30-40% of it. The book is not finished, not published, and... View More
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answered on Feb 11, 2025
Is your spouse claiming any interest in the non-income-generating e-book? It would seem that this could be easily addressed as part of your settlement discussions; unless there's reasonable likelihood that the e-book will generate income, my guess is your spouse will gladly agree to assigning... View More
answered on Jan 27, 2025
The parties in a family law case are entitled to equal access to legal representation. If he can afford to hire an attorney, he can probably afford to contribute to the cost of you retaining an attorney. You just need to ask. You can file a motion with the court (called a "Request for... View More
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answered on Jan 29, 2025
For child support, it depends primarily on the timeshare and the parties income. See the statewide child support guideline. Spousal support depends on whether the support you're referring to is temporary or permanent/long-term, and even, FC 4320 would need to be applied regarding the latter,... View More
I am waiting on the final judgement for the last 3 months after i filed Declaration for Default/Uncontested Judgment. The case was initially filed in march 2023. How soon can i expect a final judgement, this is in california contra costa county
answered on Jan 24, 2025
Is that all you filed? If all you filed was the FL170, then nothing further is going to happen. To get a judgment entered, you have to file a judgment package which includes the proposed judgment (with FL180) and Notice of Entry of Judgment, in additional to a couple other forms.... View More
answered on Jan 17, 2025
That sounds terrible, and I would love to help you, but I'm a California lawyer and not admitted to practice law in Florida. You need a lawyer who is admitted to the practice of law in your state. I only know one lawyer who may have practiced in your state, but his practice is limited to... View More
In this instance they gave me the ring for marriage. He is still paying it off and when we ended our relationship he said I can keep it via email. If this was a gift does he have a right to ask for it back? I'm just unsure how it works or how the court would see it. I have the ring still and... View More
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answered on Jan 17, 2025
There's an exception that transmutations be "made in writing by an express declaration" for "gift[s] between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More
So family lived in community property for 15 years. I worked and paid the mortgage for the family. She was a stay at home. She inherited a mortgage free $1mil home and then 2 years ago filed for divorce. Separation Date 1/15/23. Divorce has been taking forever and I've agreed to paying... View More
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answered on Jan 16, 2025
In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation... View More
Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m... View More
answered on Jan 11, 2025
First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to... View More
My divorce finalized end of September. We hired the mediator. Ex is finally going to take care of transfer retirement funds for TSP, IRA Schwab. In our agreement, it not listed when, how , who is doing for QDRO. The mediatior is going to take care of QDRO with $1000. Is mediatior be able to... View More
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answered on Jan 14, 2025
A Qualified Domestic Relations Order (QDRO) is a legal order used in California divorce cases to divide certain types of retirement benefits, such as pensions or 401(k) accounts, between divorcing spouses. The QDRO allows a portion of the retirement benefits to be awarded to the non-employee spouse... View More
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