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California Divorce Questions & Answers
3 Answers | Asked in Divorce for California on
Q: I recently had divorce papers served to my ex. A few weeks after he hired an attorney who began asking for copies.

He began asking for copies of the papers I served. I am confused as to why he's asking instead of getting them from his client. He then followed up multiple times and quoted something from Family Code 271 which from my understanding means he intends to file something saying I am uncooperative.... View More

Robert Kane
Robert Kane
answered on Dec 5, 2024

You wouldn't need to provide him with documents you have already served, but you do have an obligation to update certain information as you note. He is insistant because that's his job. If you are representing yourself, you will need to speak to the attorney. You can file a request for... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Divorce filed with the court on 10/21

Now my question is… if and when the judge signs the MSA, does it make the divorce official from the date the divorce was filed with the court or when the judge signs the judgment? Just wondering because it just seems like it’s been a while now and haven’t heard anything update from the court.

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 4, 2024

You are divorced when the Judgment and Notice of Entry of Judgment have been filed with the court. A marital settlement agreement alone is not enough to get you to the end of your case. There are other steps to be taken and other documents that need to be filed.... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Am I able to serve the divorce petition and summons with the financial documents all together?

I also moved back in with my parents after we separated. Do I have to include their income in the FL-150 form under section 12? Also, am I allowed to leave any sections blank if they don’t apply? Thank you!

Martha Bronson
Martha Bronson
answered on Oct 23, 2024

Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Divorce with a minor child that a family member gave us custody of, what do we need to do to ensure I will have rights?

I am filing for divorce, however, my soon-to-be ex and I have a minor child that a family member gave us custody of when she was 2 weeks old. What do I need to do to ensure I keep my parental rights? As my ex said she is going to be filing papers that give her all parental rights, basically... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Legally requirement around 401K & stock portfolio

I'm Self-Represented and my Ex has an attorney. The attorney is requesting, to start discussing financial settlement. The attorney has requested I share the most current statements for 401K & Stock portfolio.

Qs -

1) Am I legally required to share these statements? They... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.

There is no set number of days or hours that you...
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2 Answers | Asked in Divorce and Family Law for California on
Q: How is an alimony buyout calculated?

I was presented with a buyout scenario by a mediation lawyer, but I don't understand why he calculated a 5% interest earned on the money. He said if I invested the money I would earn 5%, but I am not going to invest it.

Also he calculated it for 10 years of alimony, but we were... View More

Martha Bronson
Martha Bronson
answered on Oct 22, 2024

I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More

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4 Answers | Asked in Divorce and Immigration Law for California on
Q: Need help . Need to divorce my wife of 2 years. No kids. She has provisional green card. I petitioned her to come to US.
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 13, 2024

Be forewarned that she may try to enforce the I-864 affidavit of support that you filed with your Immigration case.

Even if a spouse immigrant is denied alimony in divorce proceeding, she or he can seek support as set out under form I-864. Further, the spouse immigrant has no obligation to...
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3 Answers | Asked in Divorce for California on
Q: I have a close friend and SAHM whose husband wants a divorce. He wants to hire one lawyer for both of them.

He controls everything. She has no access to the family computer, money or to any financial accounts. She doesn't work and would need alimony. I think he wants to have a lawyer for only certain parts of the divorce. Should my friend agree to this?

Robert Kane
Robert Kane
answered on Oct 3, 2024

It seems clear you don't believe it's a good idea, and it probably isn't. Even if everyone agrees to it initially, it can be quickly ended once there's a conflict. If the attorney sees a problem, she would be obligated to withdraw. Hopefully she understands this and is of good... View More

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: So I have a divorce agreement since 2006 and my ex wife has yet to pay me off my 40% stake.

My ex wife has since remarried and has refinanced the property several times, but has yet to compensate my 40% stake my way. The fact that she has remarried and refinanced, does that mean that she should have paid me my stake off ? My name is not on the deed of the house anymore.

For... View More

James Clifton
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James Clifton
answered on Sep 26, 2024

The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can I get child support from the father if I only have one child with me and he has the other child?

My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case

Robert P. Taylor
Robert P. Taylor pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024

It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: substitution of attorney

My attorney sent me substitution of attorney form which I signed. It has been 1 week and she has not returned the stamped copy to me. Also, she has not returned my file to me. They are telling me the form has not been returned from court yet. Does it take so long to get the form from the court?... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 20, 2024

Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How long will it take for me to received child and spouse support after I request a court order?

I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 19, 2024

If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: A close friend of mine has been wanting to get a divorce from her spouse for the past two years now.

He hasn't been cooperative or responsive in any way ever since they separated. She cheated on her, abandoned her, and cut any type of communication with her. He even started living with the person he cheated on her with. So far, she has been trying to get the divorce started by filling out the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

I don't understand the problem. She doesn't need his cooperation. What paperwork did she send to him that she believes he has to fill out for her to proceed with a divorce. Sounds like a lot of misunderstanding about how the process works. California is a no-fault state. If she wants... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: married 23 yrs and lived apart 10 after dv case but reconciled but continued to live apart spousal support still option

Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 15, 2024

It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Divorce and split house 50/50

We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: [DISCOVERY] Sanctions for Lack of Meet and Confer Before Filing Motion to Compel

In family law (LA County), my ex’s attorney sent me 25 questions, followed by 35 more questions 10 days later. I requested a 20-day extension for the second set, but she refused. I tried to personally serve the first set 3 days before the deadline according to her instruction, but she was not in... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 9, 2024

There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a particular formula that is used when calculating alimony?
James L. Arrasmith
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answered on Jul 26, 2024

If you're navigating a divorce, understanding these factors can help you anticipate potential alimony outcomes. It’s beneficial to gather detailed financial records and evidence of your standard of living during the marriage to support your case. Working with legal counsel can provide... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: How do I get my divorce case moving forward again when my ex-husband refuses to show up for court

My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More

James L. Arrasmith
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answered on Jul 25, 2024

To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More

1 Answer | Asked in Family Law and Divorce for California on
Q: My soon to be ex husband works in law enforcement and has a pension plan. Will he also be getting social security?

Do I need to ask for that in the divorce agreement?

James L. Arrasmith
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answered on Jul 24, 2024

In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Need to have spousal support reduced or eliminated; afraid going back to court will only result in having to pay more

Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former... View More

James L. Arrasmith
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answered on Jul 23, 2024

In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now... View More

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