California Divorce Questions & Answers
Q: Hi, lwanna get divorce, i have 4 kids ,but he doesn't wanna do it ,tell me what to do?where to go ?
Andy Chen's answer
Whether he wants to divorce or not is irrelevant. You can still file. California does not require agreement on a divorce. start by going to the family court in your county, wherever that happens to be. They should have some free resources to help you, but b/c they are free, they won't be real useful. Divorce in California is not difficult to do, but it can be tremendously confusing if you are doing it yourself. In your case, child support and custody and visitation will need to be decided which...
Whether he wants to divorce or not is irrelevant. You can still file. California does not require agreement on a divorce. start by going to the family court in your county, wherever that happens to be. They should have some free resources to help you, but b/c they are free, they won't be real useful. Divorce in California is not difficult to do, but it can be tremendously confusing if you are doing it yourself. In your case, child support and custody and visitation will need to be decided which...
Q: I filed for divorce
Andy Chen's answer
Financial disclosures need to be filled out. (FL-150, FL-142, FL-141, FL-140). If you have an agreement of how to finish the case, that needs to be put in writing and submitted to the court along with a bunch of other forms.
Financial disclosures need to be filled out. (FL-150, FL-142, FL-141, FL-140). If you have an agreement of how to finish the case, that needs to be put in writing and submitted to the court along with a bunch of other forms.
Q: I've heard that California is a community property state. What does that mean exactly
Andy Chen's answer
You and your ex each have 50% claim to all of the stuff the two of you bought together while you were married. Negotiation is possible so you and your ex can split stuff 40/60 if that somehow works out easier.
Community property is an enormous topic and can't be explained with a general question like 'What does that mean exactly?' A more specific question may yield an answer that might be more useful to you.
You and your ex each have 50% claim to all of the stuff the two of you bought together while you were married. Negotiation is possible so you and your ex can split stuff 40/60 if that somehow works out easier.
Community property is an enormous topic and can't be explained with a general question like 'What does that mean exactly?' A more specific question may yield an answer that might be more useful to you.
Q: Am I still legally married?
Andy Chen's answer
It depends on what the Arkansas divorce decree says. You should repost this in the Arkansas forum as whether the Arkansas decree is valid will depend on whether you are or are not required to sign off to a divorce under Arkansas law.
If the Arkansas decree is not valid, then you're still married. If it is valid, then you may still be married if the CA case was still open at the time. If it was, the AR court technically should not have taken the case, but it did not knowing a case...
It depends on what the Arkansas divorce decree says. You should repost this in the Arkansas forum as whether the Arkansas decree is valid will depend on whether you are or are not required to sign off to a divorce under Arkansas law.
If the Arkansas decree is not valid, then you're still married. If it is valid, then you may still be married if the CA case was still open at the time. If it was, the AR court technically should not have taken the case, but it did not knowing a case...
Q: Is child support mandatory with divorce in California?
Andy Chen's answer
Yes, if there are children that are yours biologically or via adoption. Usually this is just for minor children, but in certain cases, disabled children who are not minors can be due child support too.
Yes, if there are children that are yours biologically or via adoption. Usually this is just for minor children, but in certain cases, disabled children who are not minors can be due child support too.
Q: We are 3 months from filing divorce petition in California. Can we still open a joint checking account in bank? Thx.
Andy Chen's answer
Was the divorce petition filed 3 months ago or will it be filed 3 months from now? Which is it?
Was the divorce petition filed 3 months ago or will it be filed 3 months from now? Which is it?
Q: Does there always have to be a period of separation before divorce, or could I just file immediately?
Andy Chen's answer
You can file immediately. No period of separation is required. All that is required is that at least one of the spouses have lived in California for the 6 months immediately preceding the filing and in the county of filing for the 3 months immediately preceding the filing.
You can file immediately. No period of separation is required. All that is required is that at least one of the spouses have lived in California for the 6 months immediately preceding the filing and in the county of filing for the 3 months immediately preceding the filing.
Q: my divorce was finalized last year, but my ex now wants half my stocks. Do I have to give it to him?
Andy Chen's answer
It sounds like the answer is no, but you have to read your decree to see what is required. Ideally, the decree explicitly says the stocks belong entirely to you. If the decree merely says "employee benefit", then you'd have to show that stock falls within benefit.
It sounds like the answer is no, but you have to read your decree to see what is required. Ideally, the decree explicitly says the stocks belong entirely to you. If the decree merely says "employee benefit", then you'd have to show that stock falls within benefit.
Q: How do I get a legal separation if I don't know the other parties address
Andy Chen's answer
You have to try to find them through friends, family, co-workers, Facebook, etc. If you can't, you can ask the court to serve by publication and put an ad in the newspaper.
You have to try to find them through friends, family, co-workers, Facebook, etc. If you can't, you can ask the court to serve by publication and put an ad in the newspaper.
Q: My wife filed divorce 6 years ago and I filed in agreement but we never got the final decree. Am I still legally married
Andy Chen's answer
If you never got a judgment form (form number FL-180), then you are still legally married. As to whether you can resume your old case or have to start a new one, you have to check to see if your old case is still active. If it isn't, then you have to refile. Courts routinely dismiss cases after 5 years of inactivity. You said she filed 6 years ago, but the 5 years is from the date of the last activity on the case, not from the date of filing. Your case could still be around.
If you never got a judgment form (form number FL-180), then you are still legally married. As to whether you can resume your old case or have to start a new one, you have to check to see if your old case is still active. If it isn't, then you have to refile. Courts routinely dismiss cases after 5 years of inactivity. You said she filed 6 years ago, but the 5 years is from the date of the last activity on the case, not from the date of filing. Your case could still be around.
Q: I have been given a 30 day eviction notice, but there was no rental agreement drawn up and signed, is it legal?
1 Answer
| Asked
in
Contracts, Divorce, Family Law and Landlord - Tenant
for
California
on
Answered on Sep 17, 2016
Answered on Sep 17, 2016
Andy Chen's answer
Whether there was or was not a signed rental agreement has nothing to do with the amount of notice you get. The notice period (e.g. 30 days, 60 days, etc) depends on how long you've lived at the property. Less than 1 year gets 30 days (Civil Code 1946.1(c)). 1 year or more gets 60 days (1946.1(b)).
Whether there was or was not a signed rental agreement has nothing to do with the amount of notice you get. The notice period (e.g. 30 days, 60 days, etc) depends on how long you've lived at the property. Less than 1 year gets 30 days (Civil Code 1946.1(c)). 1 year or more gets 60 days (1946.1(b)).
Q: gf wants to move in together but is afraid she will lose custody of her daughter
1 Answer
| Asked
in
Child Custody, Child Support and Divorce
for
California
on
Answered on Sep 13, 2016
Answered on Sep 13, 2016
Andy Chen's answer
There's no easy answer here. The bio father can always fight to get custody back regardless of where your gf and the daughter are living. Gf and daughter moving in with you may give him an excuse to fight now when he otherwise would not have. The living arrangement when living with you might be a meaningful thing for bio dad to argue, but it depends on whether the daughter going to live with him as a result is better for the daughter in the long run.
The court has to do what is best...
There's no easy answer here. The bio father can always fight to get custody back regardless of where your gf and the daughter are living. Gf and daughter moving in with you may give him an excuse to fight now when he otherwise would not have. The living arrangement when living with you might be a meaningful thing for bio dad to argue, but it depends on whether the daughter going to live with him as a result is better for the daughter in the long run.
The court has to do what is best...
Q: Divorce and back taxes
Zaher Fallahi's answer
Generally, when you file jointly in a community property (CP) state, both refunds and tax liabilities are CP. When you file separately, each spouse may use his/her own or apportioned income and deductions and refunds and tax liabilities become separate property. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a local counsel. Good luck. Zaher Fallahi, Tax...
Generally, when you file jointly in a community property (CP) state, both refunds and tax liabilities are CP. When you file separately, each spouse may use his/her own or apportioned income and deductions and refunds and tax liabilities become separate property. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a local counsel. Good luck. Zaher Fallahi, Tax...
Q: my wife filed an uncontested divorce if California, I live in N.C. Court date is in 12 days. do I have to be there?
Andy Chen's answer
No, you don't have to physically be at the court hearing. You should either hire a lawyer right away who is in California close to the court where your case is, or if this particular court allows it, arrange for a CourtCall telephone appearance (courtcall.com). The fee for that is $86 or so. At that hearing, you can explain on the phone all the difficulties you're facing. If you need to hire a lawyer, most judges will give you sometime to do that.
Yes, CA law does allow one party to...
No, you don't have to physically be at the court hearing. You should either hire a lawyer right away who is in California close to the court where your case is, or if this particular court allows it, arrange for a CourtCall telephone appearance (courtcall.com). The fee for that is $86 or so. At that hearing, you can explain on the phone all the difficulties you're facing. If you need to hire a lawyer, most judges will give you sometime to do that.
Yes, CA law does allow one party to...
Q: My wife filed for uncontested divorce 4 years ago. Do I have any options in getting this completed finally?
Andy Chen's answer
I don't understand what papers you are having problems getting her to sign now. If you signed the stipulation and finalization papers and the attorney has them, then the attorney should have filed them with the court 4 years ago.
If the case has been completely inactive for 5 years, the courts will dismiss it automatically. You can then refile the case as the petitioning party. That gives you more control to prevent the case from languishing.
I don't understand what papers you are having problems getting her to sign now. If you signed the stipulation and finalization papers and the attorney has them, then the attorney should have filed them with the court 4 years ago.
If the case has been completely inactive for 5 years, the courts will dismiss it automatically. You can then refile the case as the petitioning party. That gives you more control to prevent the case from languishing.
Q: I am legally married but have not seen my husband for almost 20 years,do i need to file a divorce to remarry?
Andy Chen's answer
Yes, you need to divorce in order to remarry because you are still married to husband #1. If you don't divorce, then any marriage you enter in to now will be bigamous and, by definition, a nullity. In other words, it will be invalid as a matter of law.
Not knowing where your legal spouse is currently will make doing a divorce more difficult, but not impossible.
Yes, you need to divorce in order to remarry because you are still married to husband #1. If you don't divorce, then any marriage you enter in to now will be bigamous and, by definition, a nullity. In other words, it will be invalid as a matter of law.
Not knowing where your legal spouse is currently will make doing a divorce more difficult, but not impossible.
Q: I am needing advice with filing for divorce, child support, and spousal support with me now residing in Ok. and he in Ca
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
California
on
Answered on Sep 4, 2016
Answered on Sep 4, 2016
Andy Chen's answer
You can still file divorce in CA even though you are physically in another state. I've done several cases like this. As long as your husband has lived the last 6 months in CA somewhere and the last 3 months in the same county (e.g. San Diego), then you can file a divorce case there. Litigating at a distance is difficult, but significantly easier if you have a lawyer local to the court where the case is.
Whether you want to file in California or Oklahoma is up to you. OK likely has rules...
You can still file divorce in CA even though you are physically in another state. I've done several cases like this. As long as your husband has lived the last 6 months in CA somewhere and the last 3 months in the same county (e.g. San Diego), then you can file a divorce case there. Litigating at a distance is difficult, but significantly easier if you have a lawyer local to the court where the case is.
Whether you want to file in California or Oklahoma is up to you. OK likely has rules...
Q: I have a 17 yr old daughter who is in high school and I want to know if I can file for retroactive child support.
Andy Chen's answer
Child support is retroactive to the date you file your request in court. I am not clear what "separated" means. If you are seeking spousal support, you need to have filed for divorce or legal separation first. If you're still married but no longer living together (this is what most lay people mean when they say 'separated'), you need to make the divorce or legal separation filing first.
Child support is retroactive to the date you file your request in court. I am not clear what "separated" means. If you are seeking spousal support, you need to have filed for divorce or legal separation first. If you're still married but no longer living together (this is what most lay people mean when they say 'separated'), you need to make the divorce or legal separation filing first.
Q: Filed a divorce petition, had a miscarriage after. 1 other child. 30days husband hasn't responded. Choices to proceed?
1 Answer
| Asked
in
Divorce, Family Law and Appeals / Appellate Law
for
California
on
Answered on Sep 1, 2016
Answered on Sep 1, 2016
Andy Chen's answer
I've never dealt with a miscarriage during a divorce, but I don't think this will be a significant change to the case.I don't see the need to re-file and re-serve since unborn children are not listed by name on the petition.
I've never dealt with a miscarriage during a divorce, but I don't think this will be a significant change to the case.I don't see the need to re-file and re-serve since unborn children are not listed by name on the petition.
Q: My husband and I are separated and he lives in another state. What state do we file for divorce in?
Andy Chen's answer
in theory, you could file in either state, depending on whether you meet the residency requirements that state imposes. In California, you have to live in CA for the immediately preceding 6 months in order to file divorce here. Additionally, if you file in X county in California, you have to have lived in that county for the 3 months immediately preceding the filing.
Whether or not you can file in a given state is one question. The bigger question is whether you should file in...
in theory, you could file in either state, depending on whether you meet the residency requirements that state imposes. In California, you have to live in CA for the immediately preceding 6 months in order to file divorce here. Additionally, if you file in X county in California, you have to have lived in that county for the 3 months immediately preceding the filing.
Whether or not you can file in a given state is one question. The bigger question is whether you should file in...
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