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California Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for California on
Q: Stocks that are purchased jointly during marriage but have only partially vested as the company has yet to go IPO?

We purchases jointly some stocks. They were for my husbands company that has yet to go public. We still cannot exercise the stocks as of our separation date because the company has not gone public yet. But we still own the stocks that were purchased "together". He is claiming I... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Apr 8, 2021

Assets purchased from your joint account during your marriage are community property; therefore, each of you have a 1/2 interest. You should seek legal counsel in order to ensure that you pursue all of your legal rights.

1 Answer | Asked in Divorce for California on
Q: Hello, My spouse filled divorce and I never responded. He never proceeded. I want a divorce. What can I do

He filed a year ago and has no desire to finalized the divorce.

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 1, 2021

You don't need his permission to proceed on your own. Respond to the Petition and proceed with the other steps necessary to bring the matter to a close. If he does not cooperate, then file motions to compel and request a trial setting.

1 Answer | Asked in Divorce and Estate Planning for California on
Q: Is it possible to get a lawyer to help via Pro bono for a senior citizen divorce/power of attorney case?

My dad is 83 and does not want to live in a care facility. I believe my mom may have a durable power of attorney.

My dad feels that my mom is not capable of representing his needs.

My dad was in a care facility and was assaulted by another patient. As a result he was hospitalized.... Read more »

Julie King
Julie King answered on Mar 31, 2021

The key to your situation will be: (1) the language in your father's health care directive and durable powers of attorney; and (2) if your father has sufficient mental capacity to handle his own health care (and/or finances). There is a legal standard that must be met to ensure people... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Want to modify my support payments to ex when I retire. She got house, I got 401k

Marriage was for 22 years, been divorced since 2009 (12 years). Resident of California at time of divorce, moved out of state since. In divorce wife was awarded the family home and spousal support. I was awarded my 401k retirement. I wish to retire in a year when I turn 65. My plan is to live off... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 28, 2021

Assuming your case was vented here in California, if your retirement impacts your monthly income available for support, you should file a Request for Order re modification of support based on that change in circumstances. In terms of your 401k distributions, income is income for purposes of the... Read more »

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Real Estate Law for California on
Q: My mother and stepdad own a home together but they are separated not Divorce, but living in the same house.

Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?

He also claimed that he stopped paying the mortgage about 5 months ago... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 26, 2021

Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... Read more »

1 Answer | Asked in Divorce for California on
Q: Hi I have a question me and my wife divorced in 2008. During the divorce the judge ordered the house to be sold

Hi I have a question me and my wife divorced in 2008. During the divorce the judge ordered the house to be sold and split 50/50 but we had kids under the age of 18 so I decided that I would allow my wife raise our kids in the house tell they youngest turned 18. That already happened and now I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Consult the attorney who handled the divorce. If none, then contact a local family law attorney first. It is never a good idea to just disregard a Court Order. You could be in contempt. If you were representing yourself and did not put the subsequent agreement into a clear writing with your... Read more »

1 Answer | Asked in Divorce for California on
Q: Can I sue my ex-husband for disposing of my pre-marital personal property?

Left household. Took most of my property but had pre-marital items in garage. Went to retrieve property on an arranged date but ex started claiming what I was taking was his then he called the police. Cops said I will have to wait for court to decide but per my atty. I probably won't get... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

When you were denied the right to retrieve your property, your attorney should have filed an RFO with a list of the property and ask the court to restrain H from disposing of it while the dispute was settled. It sounds like you already have legal counsel. But I will say that your attorney cannot... Read more »

1 Answer | Asked in Divorce for California on
Q: Did my son serve the divorce summons properly?

My 23 yr old son served the divorce summons at my husband's work. He avoided my son knowing he was there serving the papers, so my son left the papers on his laptop on his personal toolbox with a witness as well. Will this be ok as a summons? And if so, it's been 30 days and i... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

The service was not proper, unless your husband was physically present when the papers were left. A person cannot avoid service by refusing to take the papers from the Process Server's hand, the PS can just drop the papers at the feet of the person. However, if your husband was not at his... Read more »

1 Answer | Asked in Divorce for California on
Q: Married the same man twice with a financial agreement in place after the first divorce, do I need a new agreement.
Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

Yes, but it should be before you marry him again. You need a family law attorney. Call me I will refer you.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for California on
Q: What can I do in domestic abuse, they kicked me out of my house and I'm in the process of getting documents?

Abuse of economic power, he uses drugs, offenses, and I ran from home knowing that I cannot get a job nor do I have a family to support me here

Dale S. Gribow
Dale S. Gribow answered on Mar 16, 2021

CONTACT A LOCAL FAMILY LAW ATTORNEY ASAP WITH ALL THE INFO WRITTEN OUT IF POSSIBLE.

THERE MAY BE CIVIL AND CRIMINAL REMEDIES AT YOUR DISPOSAL DEPENDING ON THE FACTS THAT PLAY OUT.

3 Answers | Asked in Consumer Law, Criminal Law, Divorce and Civil Rights for California on
Q: In california while using a self check out, can a walmart employee search through my bag and count my items

I was at a self checkout and 1 of my items was scanning at a higher cost than stated on the sign. I asked a employee for assistance with the item. I stated that these socks are marked for clearance for $2.50. I had already scanned 8 pairs and they all scanned for the correct price $2.50. This is... Read more »

William John Light
William John Light answered on Feb 27, 2021

It's arguably false imprisonment. It's different than Costco, which has a Membership Agreement. Refusing, however, has its costs and your remedy is a lawsuit, the end result of which is not guaranteed to be satisfactory to you since your damages are effectively $0. Complying also has... Read more »

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2 Answers | Asked in Divorce, Family Law, Estate Planning and Probate for California on
Q: In CA. My husband/his ex never filed a QDRO. He died. What do I need to do to get CalPERS to pay me his pension?

He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 23, 2021

You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... Read more »

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1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I continue with my divorce proceedings in Northern California if the divorce was filed in Southern California?

My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 23, 2021

Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... Read more »

1 Answer | Asked in Divorce for California on
Q: CA Hubby of 35 yrs wants a no fault divorce. Do I have any rights.
Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 21, 2021

You have equal rights.

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judgment Default filed 2018, DVRO, I go to jail. Now I learned why, wife married another man 2008- we reconciled in 2011

she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce for California on
Q: In California if I buy out the family Home from my husband during a divorce do I count commission as if it was sold

I want to buy out the family home from my husband in our divorce. We have used the appraisal value and subtracted out the loan balance. Do we also take into account the commissions that would have been paid had we sold it for the divorce?

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

For what purpose do you want to deduct commissions that you do not pay? Taxes? Capital gains? Then the answer is probably not. consult a tax attorney with your particulars.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce for California on
Q: Divorced couple co-owners of home I stay in home and pay mortgage is he responsible for half of maintenance and Taxes.

The only thing the judgment says is that I pay mortgage no other expenses were mentioned in judgment

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 3, 2021

You say you are already divorced. The answer to your question should be in your judgment. What does the judgment say about who is responsible for expenses?

1 Answer | Asked in Divorce for California on
Q: I was served Divorce papers and I didn’t respond in the 30 days. What should I do at this point?
Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 2, 2021

You should respond. If default has not yet been entered, you can respond late.

1 Answer | Asked in Divorce for California on
Q: Looking for help on filling out the Community Property.

My ex and I have an understanding of who’s responsible for what. He is letting me have the house because I can afford it. I want to know how to write this correctly so this is added to the divorce paperwork and so I don’t have any issues in the future. We also each have a car and he has credit... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 1, 2021

This forum is not intended for this type of inquiry. We cannot give legal advice or instructions on how to act as your own attorney. I suggest you call a lawyer directly for a consultation.

1 Answer | Asked in Divorce for California on
Q: Im planning on getting a divorce so should I refi and get the money or is it in my best interest to let him just buy me

OUT ? (only because interest to refi is low now).

Maurice Mandel II
Maurice Mandel II answered on Jan 25, 2021

Not enough information to advise you. In whose name is the property? If you refi, doesn't he also sign on the papers?

Possibly easiest route is for him to buy you out but before a refi for him as sole owner.

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