If you're involved in a legal proceeding, you may need to subpoena documents to support your case. The first step is to hire an attorney to help you navigate the laws in your state and county. A subpoena duces tecum, the term for a subpoena of documents, requires that a witness produce a document...Read more »
After 33 years my husband and I separated 2 years ago. He now lives with our youngest daughter, her 2 daughters and her current boyfriend, and they kicked me to the street, so I have been living in my car. Is this something that he can legally do? Also, he is 50% partners in a hull cleaning... Read more »
Hello I have been living in the US for almost 10years now. I came in with a k1- fiance visa. I married my husband within the 90 day period. After marring my husband he decided not to proceed with the process of applying for my permanent residence (adjustment of status). We had our 2 children... Read more »
You are the victim of spousal abuse. The Violence Against Women Act (VAWA) will allow you to apply for a green card without your abusive spouse petitioning for you. This process exists so that non-citizens will not have to be dependent on an abusive spouse, in order to stay in the U.S.
There are several reasons why people represent themselves without a lawyer:
In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford...Read more »
Whether you have the authority to fire this person is something that no one here can know without a lot more information. Her employer, or an authorized representative of her employer has that power. More would therefore need to be known about the form of the business, your and your husband's...Read more »
My ex (employed executive) paid alimony for some years then stopped. So, had enforced through court, yet he's still not paying. Due to this, I'm seeking to (again) enforce spousal support agreement. Kids all adults, so no child support applies.
Was married and divorced in same county in... Read more »
When your former spouse is not paying alimony, returning to divorce or family court should be your first action. Seek the help of an experienced divorce or family law attorney to represent you. Show the court evidence that your former spouse has not made payments, has not made full payments, or has...Read more »
California is one of a few states where you can benefit in alimony payments from staying married 10 years or longer. In this situation, the spouse earning less income retains the right to be paid alimony for as long as he or she needs, and as long as the paying spouse can pay.
If spouse had consistently provided health insurance to me during the marriage, could a judge order it to continue after divorce (or is it common for a judge to do so)? Ins policy language states that divorce would remove me, but I've heard that it might be possible. Otherwise I assume I would... Read more »
The health insurance coverage under your spouse's plan would terminate once divorce is final. That coverage is governed by the insurance company. Typically, the insurance company will provide you with COBRA information once they are notified of final dissolution which allows you to choose to...Read more »
Informal agreements are not court orders. If you want something enforceable you need to get a court order or judgment. If what you have is a court order or part of a judgment then it should not be modified informally and only modified by a new court order.
The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this,...Read more »
Did I make a mistake? I left my husband almost a year ago to move from cali to Ny. I started filing for divorce in September and to avoid him getting my 401k I withdrew it all that December. I took a big tax and penalty hit on it. He still has not signed any divorce agreements yet. Am I in the... Read more »
I need more information. Where was the divorce filed, or has it been filed. You mention "divorce agreements" but I'm not sure what that means. How long have you been married and when did you start the 401K?
Depends on why you are asking. A judgment of divorce that is valid in the state in which it was given, is valid in California. You do not have to do anything. If there is something about the divorce judgment that needs enforcement here in California (such as a modification of spousal or child...Read more »
A valid marriage in Pennsylvania is valid here. I would be very concerned about a lawyer who states otherwise. If you were legally married in Pennsylvania your married is legally valid here in California. If you want to be divorced, then yes, you need to file for divorce.
My wife's attorney did not provide bank statements/checking/savings/401k any of these in their disclosure. (California-full disclosure state) I requested them thru Form Interrogatories -deadline passed he did not answer, then I wrote follow-up email -he did not answer, then I sent Meet and... Read more »
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