California Divorce Questions & Answers

Q: Hello, I'm divorcing my husband after 16 years of marriage. his attorney wants my financials, do I have to comply?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Feb 20, 2017

His attorney most likely served discovery upon you. Although some objections may be appropriate in certain circumstances to some questions, a general refusal to provide information could result in sanctions and attorneys' fees. Discovery can be an expensive part of a case. You have a right to know his financial information, and they would have to comply with discovery, too if you officially ask for it according to the rules. I'm betting he hired a solid attorney if he is a court interpreter,...
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Q: What do I do if I am owed money from a divorce and other party refuses to pay

1 Answer | Asked in Divorce for California on
Answered on Feb 20, 2017

This sounds like contempt of a court order, and you can file a motion for contempt in the court that issued the order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: What benefit do I have in my husband abandoned home committed adultery and is financially abusing me

2 Answers | Asked in Divorce and Family Law for California on
Answered on Feb 19, 2017

Adultery is irrelevant in divorce proceedings. Financial abuse would need to be explored, and more facts are required to provide a thorough analysis for this posting. Your husband continuing to pay the mortgage after his abandonment of the house is obviously a positive fact, but it does not sound like there are court orders to enforce this. If you file divorce proceedings, it is difficult to say, without more information, whether you will be in a better or worse position. If your husband has a...
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Q: if a husband signed a quit claim deed when purchased couple of properties during the marriage because he was on bankrupt

1 Answer | Asked in Real Estate Law and Divorce for California on
Answered on Feb 18, 2017

See: http://www.courts.ca.gov/1039.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: can an income execution be placed on my ex husbands pension if he is in arrears in alimony ?

1 Answer | Asked in Divorce for California on
Answered on Feb 18, 2017

If he hasn't paid alimony and is in violation of court orders, you can file a motion for contempt. The court can make orders re: payment and garnishment of assets. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: Can I still serve an amended divorce petition that was filed 11 months ago?

1 Answer | Asked in Divorce for California on
Answered on Feb 17, 2017

Was the case dismissed? Is it still active? If you never served the amended petition but did file it, you may need to move to strike that petition and file a new one; or you may need to file a 2nd amended petition. Then you should ensure that you timely serve it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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Q: IN Ca. Divorce: On form 150, Do I attach the data for all the questions for the Judge to review.

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

The Income and Expense declaration has instructions about how to submit attachments and documents requested in the form itself. These may need to be attached to a Declaration. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: My ex wife she filed for divorce but I never filed a respond back and they gavee 30 days to do it what happen now?

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

She may gain advantages in court if you fail to response to the divorce filings. You should do so as soon as possible. See: http://www.courts.ca.gov/1033.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: My husband and I split up.

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

What are the orders of the court re: property and asset division? What type of contractual agreement did you form? What type of bankruptcy did he file? As a potential creditor, you may have to file an appearance in the bankruptcy case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: My wife and i were previously married and she decided she wanted out. I gave her everything and walked away.

1 Answer | Asked in Divorce for California on
Answered on Feb 16, 2017

In whose name is the title of the car? If it's in your name, it's your property. In a community property division if a divorce is filed, you may be able to argue it's your separate property as it was gifted to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: divorce by default in 2008, no division of assets, he modified the loan after i quit claimed 2-3 yr. deed in both names.

1 Answer | Asked in Real Estate Law and Divorce for California on
Answered on Feb 16, 2017

If you're involved in a divorce suit, you'll need court approval of all division of property and assets, including the ability to sell the house. There are automatic temporary restraining orders on selling property that are issued when divorces are filed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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Q: I was awarded spousal support for life in 2004 in CA. I have not received anything since 2011. Can I file a contempt?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Feb 15, 2017

The simple answer is yes. You most certainly could file for contempt however, that would not get you your money. You can enforce a spousal support order against your spouse and by means of legal enforcement tools and in California support arrears accrue 10% simple annual interest, by law. You would, most likely, need to hire an attorney to assist you since you do not reside in California and, therefore, can't do it yourself.
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Q: I have been married for 24 years and left about 3 years due to physical and mentsl abuse. Can I get spousal support?

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Answered on Feb 15, 2017

You may seek self-help resources at your local law library or online at courts.ca.gov. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: I cant take it anymore. I have 3 kids ages 14,12 and 10 what are the chances I will retain custody at their request.

1 Answer | Asked in Child Custody and Divorce for California on
Answered on Feb 15, 2017

Nobody can give you predictions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
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Q: If my ex goes on a trip on days she should be watching our son,do those days default to me?She said she can find someone

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Answered on Feb 15, 2017

The custody orders should address this, especially if you bring up these details in court and ask for a judgment reflecting this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Will my divorce still go thru if my wife is the petitioner n is refusing to sign the final documents bc she wants more $

1 Answer | Asked in Divorce for California on
Answered on Feb 14, 2017

If she does not sign the paperwork, you will need to take extra steps to finalize the divorce. It is quick and straightforward if she signs, but people have an option when the other person refuses to sign. You will need to push the case through the system with some extra steps. Consult with a family lawyer in your area for a consultation. Most lawyers offer a free initial consultation.
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Q: how much for an annulment

1 Answer | Asked in Divorce for California on
Answered on Feb 14, 2017

It depends on the facts and complexity of the case, and whether the opposing party is disputing the annulment. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: I have a domestic violence restraining order against him. Will this speed up my divorce?

1 Answer | Asked in Divorce and Domestic Violence for California on
Answered on Feb 14, 2017

Not necessarily. By having an additional matter in your divorce, this may lengthen the process, especially if he disputes the restraining order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: My husband falsely notarized my signature on a document and I want to file a lawsuit. Should I divorce first?

1 Answer | Asked in Divorce and Civil Rights for California on
Answered on Feb 13, 2017

You can: file for divorce; file a civil suit for fraud, possible extortion and related damages if you have sufficient facts to support your allegations; and also report the act to the police as a crime of forgery, again if you have sufficient facts to substantiate this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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Q: married in Az to military member station in Ca. We have a child. I want to leave him and move back to Az...

1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for California on
Answered on Feb 12, 2017

You can file for divorce and custody in CA if you've established residency here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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