California Divorce Questions & Answers

Q: How can i get a court date for my Divorce

1 Answer | Asked in Divorce for California on
Answered on Aug 25, 2016

It depends what you want kind of court date for. People in divorce cases go to court for a variety of different reasons. Some reasons are routine while others aren't. The process to request a court date varies depending what kind of date you want.
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Q: Husband left in 1992, saw picture online of him and her, wedding rings on. How do I find out if I have been divorced?

1 Answer | Asked in Divorce for California on
Answered on Aug 25, 2016

You might be divorced or you might not. Oddly, many people don't bother getting divorced before getting married again. To find out if you have been divorced, you need to look in every county that your husband might have lived in since 1992. This goes for counties inside and outside of California.

The court doing your current divorce case doesn't check to see if you have already been divorced. There is no central database of who is divorced and who isn't.

Promissory notes do...
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Q: How does a person handle a divorce if the spouse will not sign the papers?

1 Answer | Asked in Divorce for California on
Answered on Aug 18, 2016

I assume you just live in Nevada and your son lives in California. Under California law, the other spouse does not have to sign any "papers". One spouse can absolutely get a divorce done entirely on their own.

If I'm wrong and your son lives in Nevada, then I have no idea what Nevada law requires.
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Q: I believe my ex is underreporting his annual income and short changing me on my support. What are my options.

1 Answer | Asked in Divorce and Family Law for California on
Answered on Aug 17, 2016

You need to have believable and reliable evidence of this in order to determine what you can do. Without evidence, you risk being perceived as a bitter ex.
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Q: I have been looking for an attorney to help me with common law divorce

1 Answer | Asked in Divorce for California on
Answered on Aug 17, 2016

Since you and he never married, you have very few rights in a case like this under California law. The actor Lee Marvin was sued years ago under similar circumstances by a woman he dumped and she largely lost because she and he never married. This is one big difference between merely living together and being legally married under CA law.

Also, just because this happened in CA does not mean CA law applies. California generally does not recognize common law marriage unless you have a...
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Q: Does FL-165 make an uncontested, amicable divorce go more smoothly/easily? My spouse did NOT file FL-120.

1 Answer | Asked in Divorce for California on
Answered on Aug 17, 2016

I think DivorceWriter is leading you astray. If your spouse did not file an FL-120, then your case is a default unless they made a general appearance. A general appearance w/out an FL-120 is rare. If you're being told to file an FL-165, I would assume there was no general appearance. Without a general appearance, the FL-144 is unnecessary. You need to provide your financial disclosures, but your spouse does not.

A default case is very easy from petitioner's perspective: FL-165, FL-170,...
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Q: My fiance's ex is threatening to sue me saying I was the cause of her divorce. Can she do that?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Aug 13, 2016

This is called an Alienation of Affection lawsuit. Basically, A and B were happily married. C comes in and B leaves A for C. A is pissed and wants to sue C for breaking up the A-B marriage.

California doesn't recognize this as a valid basis for a lawsuit. However, this does not mean that a creative lawyer or motivated plaintiff can't phrase the same situation in a way that California law does allow for a lawsuit.
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Q: Does the ability to earn affect support in california? Spouse took a lower paying position prior to filing divorce.

1 Answer | Asked in Divorce for California on
Answered on Aug 13, 2016

The prior income might or it could be some other number that is what the court thinks your spouse is capable of making. This reduction in income, though, will be important as it artificially depresses their income and makes them seem poorer or needier than they should be. Be prepared for them to argue that the job change wasn't voluntary.
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Q: I would like to know what options I have to acquiring the $50k she owes me.

1 Answer | Asked in Contracts, Divorce and Civil Litigation for California on
Answered on Aug 13, 2016

Annulment in California has very specific requirements. If the fraud you're speaking of is due to this debt she incurred in your name, I don't think that would qualify. You can file for a regular divorce and try to get the notarized contract enforced as part of the property settlement or spousal support award, or you could file for divorce and then sue in a separate civil case. If she is working, you can hopefully just garnish her wages.
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Q: Paperwork is signed for a simple divorce. But I didn't file with the court. It's been 7 years. Can I still file?

1 Answer | Asked in Divorce for California on
Answered on Aug 13, 2016

You can try filing it, if you want. Venue is your problem, but if one of you lived in California for the preceding 6 months and in the county of filing for the preceding 3, then you should be able to file. If you file and the judge accepts the agreement from 7 years ago, you should be fine. If the judge rejects the agreement from 7 years ago, you can still get divorced, but you'll have to start from scratch. If you can't find him now, you can try to serve him by publication.
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Q: My husband and I are filing a very amicable divorce. Does it cost money for me to file my half of the paperwork?

1 Answer | Asked in Divorce for California on
Answered on Aug 4, 2016

Yes. Unless you have a fee waiver, to file your response will cost you $435.
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Q: I filed for divorce and served him over 3 mo's ago. But I haven't filed the proof of service yet. Do I have to restart?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Aug 4, 2016

Yes. The proof of service (FL-115 or FL-115 with 117) needs to get filed with the court within a reasonable amount of time, but there is no strict deadline (e.g. within 30 days of service, etc). You can file for default, but remember that there are other requirements in order to finish the case as well (e.g. service of financial disclosures). Filing the default by itself won't finish your case unless you fulfill these other requirements also.
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Q: My son is considering divorce. He lives in California. His wife does not work. One child What's the first step?

1 Answer | Asked in Divorce for California on
Answered on Aug 4, 2016

It depends. He can file the case right away in whatever county he lives in. He'll need at least 3 state forms (FL-100, FL-110, FL-105). He may also need some local forms, but that varies by county.

Instead of filing right away, he may want to review the possible outcomes first. For example, he might want to know how much in child support or spousal support he has to pay. If that's more than he can stomach, it is possible he may want to stay married.

So, it really depends on...
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Q: I am trying to file an uncontested judgement and it came back incomplete because section 6d on FL-170 was not filled out

1 Answer | Asked in Divorce and Child Custody for California on
Answered on Aug 4, 2016

6d is the child custody and visitation section. There must be a minor child in your case that the court needs to set custody and visitation for. If the other parent didn't respond to the case, then whatever custody and visitation you specified in your petition will be ordered, but you need to give some rationale as to why that custody/visitation arrangement is fair, ensures frequent and continuous contact with the other parent, is in the best interest of the child, etc.
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Q: Can ex husband run off with kids if they have been in my physical custody for over a year.i have a protective order

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for California on
Answered on Aug 4, 2016

The answer is probably not (i.e. he cannot run off with the kids), but the precise details are going to be complicated if for no other reason than you have Utah and California in the picture. At the end of the day, you need a court order stating that you have full physical custody of the kids and that his only contact is visitation. I can't tell if you have one of those or not right now.
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Q: Ex-husband applied to become administrator to his mother's estate, who died intestate. Ex-husband owes substantial

1 Answer | Asked in Divorce, Family Law and Probate for California on
Answered on Jul 13, 2016

The administrator of an estate is the person who is the personal representative of the estate. The assets of the estate and separate from the assets of the administrator. The appointment as administrator has nothing to do with what money the administrator owes.
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Q: I signed my divorce decree almost 2 yrs ago while under extreme emotional distress. Is it too late to do ANYTHING??

1 Answer | Asked in Divorce and Family Law for California on
Answered on Jul 7, 2016

You need to contact an attorney as soon as possible about whether it is still possible after two years to challenge the Decree as the product of fraud or duress. Tragically you may have waited too long to challenge the Decree. But at least make the effort as soon as possible.
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Q: Retro support order in California. Can it be recalculated if it was based on incorrect income?

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Answered on Jun 28, 2016

You may be able to try and at least get credit for payments you made. You should contact a lawyer in the same county as the Superior Court that entered the order, to see if you can challenge the legal basis of the order that was entered, or ask the court to modify it. for further information you can contact me, Susan Cohen (916) 541-0047. my office is located at 9521 Folsom Boulevard, Sacramento, California.
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Q: Filling for bankruptcy, still in a home loan with my ex- wife how should that work with her not losing the property

1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for California on
Answered on Jun 13, 2016

You should include the loan in your bankruptcy filing for discharge. If you are not on title to the house and you have no ownership of the home, then your bankruptcy shouldn't affect the home. Consult with bankruptcy counsel for a full consultation.
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Q: I am beginning abused thru the legal system. Can anyone help me out of this nightmare?

1 Answer | Asked in Criminal Law, Divorce, Elder Law and Probate for California on
Answered on Jun 6, 2016

I'm sorry to hear of your situation. Best thing to do is discuss this with an attorney. There are a lot of facts needed to assess your legal matter.
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