I paid half of the bills while I lived in her house. We were married for just under a year and a half. No prenup.
There are two cases, usually stated together as MOORE/MARSDEN. That decision sets for the authority for permitting a party to have an interest in a separate property home that received payments during marriage with community funds. You can look up this information, but it is best to get the advice... Read more »
After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »
Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... Read more »
We have no kids or property together
You'll need to file a Petition and summons, and have it served on your spouse. You'll still need to wait 6 months after the date of service to request a Judgment of Dissolution. You will need to comply with all disclosure requirements, as well. Best advise, get a paperback book on how to do your... Read more »
More for alimony and child support. she makes a little bit more than I do and we split the kids her about 65% and me 35%. Married for 5 years but the DV case is my biggest worry. I make 16/hr she makes 17/hr we both work about the same amount of hours per week.
Thank you. Here is more... Read more »
That depends on what case you are talking about. The battery will get you a 52 week batterer's treatment program and probation (plus other orders, such as a criminal protective order-be sure to request an exception for peaceful contact for exchange of children per a family court order)
If... Read more »
Before passing, she showed me how to access the account and that she was glad it would help us. My husband didn’t know about the account value until I told him about it after she died. His grief pushed him over the edge, he got a girlfriend and left me after obtaining this account. Divorce has... Read more »
If she never put your name on the account and never left it to you in a Will or Trust, then it belongs to him and him alone. Any inheritance like that is Separate Property and not Community Property, so you do not have any rights to it.
Sorry.
But if you are hiring a divorce... Read more »
My spouse and I are separated and he has given me a spousal consent form to remove me from his retirement funds as the beneficiary. We’re going to be divorcing. If I sign do I not get any of the retirement? We have a child together. Not sure if I should sign them or not.
There are a lot of details missing which makes it hard to give you definitive response. However, it is not in your best interest to sign the consent form at this time. If the retirement, or any part of it, was earned during the marriage you are entitled to one-half of the community share. As... Read more »
We jointly stipulated in the MSA that we waive all rights and claims to the other's retirement plan. Basically, each is leaving with their own retirement.
You only need a QDRO if an account is being divided. If division has been waived, then a QDRO is not necessary. The employer (or plan adminsitrator) likely has a form that needs to be filled out and signed indicating that the alternate payee's rights have been waived.
He states in court papers he pays $900 but I know he only pays $200
This may be a little complex, but first request the production of all cancelled checks or cash payments receipts for rent for the period of time in question. Analyzing the requested information may require skills you do not currently possess, such as sequential numbers on printed receipts etc.... Read more »
There are no rules at her mother's compared to our structured home. Her mother has bad-mouthed my husband since his daughter was 6 yrs old. Now, the daughter has this "Eff-U" attitude towards her father. The reason for her decision to stay at her mom's was that she was happier there. Of course,... Read more »
She will certainly have the right to request more support. I do not have any financial information that would allow me to indicate whether she would be successful or not, but considering he is already paying support it would seem likely.
The courts do not look into the reason why she wants... Read more »
At the time he left he owed me 20k which he said he would pay me and never did if I file can I get that money back?
Out of state marriages are usually enforceable in California; primarily because California's laws are very liberal and confirms out of state marriages that were valid in the foreign state.
That being said, California is a community property state where the effect is earnings and... Read more »
I filed and served him back in November. But because he is military, I am unable to get it sent to default, and I'm not sure what the next steps are to get it finished
The Court can be asked to appoint an attorney to represent him under the Soldiers and Sailors Act. That attorney will ensure his rights are protected and so you can proceed with getting all your issues resolved. That he is not deployed is a good thing, as he will be available to testify in case a... Read more »
Only his name is on the title to the property.
Whose name is on title is not the issue. If the house was purchased by your husband before you two got married, that house is his separate property. If during the marriage mortgage payments were made, the assumption would be that those mortgage payments came from community property income. The... Read more »
Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »
Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »
You have left too many questions unanswered to determine that. Such as length of marriage, how long separated, when separated etc. However, is you would get a spousal support award based on the difference in incomes it would probably be a minimal award.
Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.
The simple answer to that is, "no, they do not." Unless there is some kind of provision in the... Read more »
I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't seen... Read more »
You will need to contact a family law attorney to analyze the possibility of complications in your quest for status in a foreign country for your child.
I’ve been divorced for a year. I have two daughters ages 10&13. I’m getting ready to move in with my boyfriend. I am not moving out of state or out of city . what can I do to secure my shared custody of my daughters? My ex doesn’t pay child support or alimony. My ex is unhappy about the... Read more »
If there are custody orders concerning time share of your children between you and your ex and they do not specifically exclude you moving in with your boyfriend (or have some provision concerning the inclusion of a new significant other with your children) then you can do so. I would suggest you... Read more »
You need to re-ask your question using complete sentences. The question as phrased is unclear.
My ex wife filed for divorce and custody. It has been 3 weeks and I have not been served yet. But she is telling me that there is a court date. I am not sure what to do
Check with the family law clerk in the courthouse where the action would have been filed.
If there is anything filed and a court date then they can give you all that information as well as a copy of the paperwork she filed. Don't wait to be served as there may be something that you might... Read more »
Wife will be occupying our home until we decide resolution
The short answer is that you are responsible for half the house payment. Conversely, you are entitled to half of the fair rental value - which is usually largely a push. However, there are a lot of rules that apply to these situations and each case is different so you need to get a consultation... Read more »
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