My spouse and I only have minimal property between us and we are in agreement about the other keeping what's fair, which is why I am going for a default divorce. In this case, the court would not see my or my spouse's financial information. Since my spouse does not plan on giving a... View More 
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answered on Nov 21, 2023
In a default divorce in California, if there's no response from your spouse and no marital settlement agreement, the court typically makes decisions about the division of assets and debts based on the information available in the divorce petition. This means that if specific details about... View More
If my spouse does not respond in 30 days and I request a default, does the court just automatically grant this or is it possible to still have a hearing in a default divorce?
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answered on Nov 21, 2023
In California, when you request a default divorce, it means your spouse has not responded within the 30-day period after being served with divorce papers. However, obtaining a default divorce is not automatic. After you file for a default, the court reviews your case to ensure all necessary... View More
I plan to petition for default divorce since my spouse is in agreement and we do not have any major assets or properties to settle. If we choose to not have a marital agreement, how does our tax liability settle after the divorce? Would we still be equally liable for the joint taxes on our incomes... View More
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answered on Nov 21, 2023
In a default divorce in California, without a specific marital agreement addressing tax liabilities, the court does not automatically settle issues related to joint tax liability. If your divorce petition does not address tax matters, the court typically won't make specific orders about them.... View More
I plan to petition for divorce, but I worry that my spouse would be against it. We have no major assets, children, properties, or debts between us to fight over. I just don't think she would want to break up with me. What can happen if I proceed with my divorce petition but she disagrees in... View More
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answered on Nov 20, 2023
If you file for divorce in California and your spouse is opposed to the divorce, the process can still move forward. In California, only one party needs to want the divorce for it to be granted. This is due to the state's "no-fault" divorce laws, which means that a divorce can be... View More
If we are already in agreement before we begin the divorce, can we already include the agreement along with the petition to speed up the process such that I no longer have to serve summons to my spouse and we don't have to wait for 30 days to pass before asking for a default?
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answered on Nov 20, 2023
In California, you can indeed file your marital settlement agreement along with your petition for divorce. This step can be beneficial if you and your spouse have already reached an agreement on all relevant issues, including property division, child custody, and support.
Filing the... View More
I am trying to go for a default divorce since we are in agreement and all that my spouse wants is for me to pay a particular debt to them. When I declare this debt that I will pay in my petition, will the court decide on the terms that I should pay this debt, such as a deadline? Will they enforce... View More
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answered on Nov 19, 2023
In California, when a debt is declared in a divorce petition, particularly in a default divorce, the court can formalize your agreement to pay the debt in the final divorce judgment. The terms of payment, such as deadlines and amounts, are usually based on the agreement between you and your spouse.... View More
Under spousal or domestic partner support in the divorce petition, I am not sure if debt can be considered as support. My spouse does not want spousal support from me, but they want to make sure that I pay my debt to them for a particular large expense. How should I declare this in the form?
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answered on Nov 19, 2023
In California, when filling out Form FL-100 for a divorce petition, debts are not typically declared under the section for spousal or domestic partner support. Instead, debts are usually addressed in a different section of the divorce proceedings.
For your specific situation, where you have... View More
In the divorce process, whether for a petitioner or respondent, I saw that a server may be needed twice. First, for serving the divorce papers and second, for serving the financial information. Is it possible to prepare the financial information beforehand such that the server may already serve... View More
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answered on Nov 19, 2023
Under California law, you can indeed serve the financial disclosures along with the divorce summons and petition, provided they are ready at the time of service. This approach can streamline the process, reducing the need for multiple service actions.
When preparing for service, ensure that... View More
In the middle of processing my divorce, I am still living with my STBX. I intend to go back to my home country as soon as I file the judgment form. Can I use my international address as the address for my return envelope?
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answered on Nov 18, 2023
In California, you are permitted to use an international address in your divorce papers. When filing for divorce, it's important to provide an address where you can reliably receive court documents and correspondence. If you plan to return to your home country and will have a stable address... View More
I recently immigrated to the US this year and have only had a part-time job so far. I've never filed taxes yet. In sharing my financial information with my spouse for the divorce process, is it okay if I don't have any tax returns to provide?
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answered on Nov 18, 2023
In California, during a divorce, both parties are required to disclose all financial information, including income, regardless of whether they have filed taxes. If you haven't filed taxes due to recent immigration or limited income, you should still provide any relevant financial documentation... View More
Hi,
I'm 85 and considering divorce. Got married 8 years ago. My wife is from China and became US citizen about the same time we married. A couple of days after we married, we went to Social Security to register... Found out that my wife was entitled to benefits as a spouse and has... View More
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answered on Nov 17, 2023
In California, community property laws typically view assets and debts acquired during marriage as jointly owned, regardless of whose name is on the account or title. This means that both spouses generally have equal ownership of these assets, including income earned during the marriage. Given the... View More
2022 CA Family Law Court Order ordered ex-spouse to pay X amount to me. Ex-spouse has not paid a penny/and informed me will not pay the debt. Ex resides in another state and has no assets in CA. That same court proceeding included dividing an annuity via QDRO. Debt owed by ex is substantial.... View More
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answered on Nov 17, 2023
In California, amending a Qualified Domestic Relations Order (QDRO) to award the entire monthly annuity might be possible under certain circumstances, particularly if it's to enforce a court-ordered debt. To do this, you would need to file a Request for Order (RFO) with the court, explaining... View More
I will be receiving the house in the marital settlement agreement. Do I need to file an interspousal transfer deed or a grant deed to reflect the 3 remaining joint tenant without triggering reassessment. I live in California.
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answered on Nov 17, 2023
In California, when transferring property due to a divorce, it is common to use an interspousal transfer deed. This type of deed is specifically designed for transferring property between spouses and can prevent the transaction from being considered a change in ownership that triggers reassessment... View More
She is stopping me from talking with my husband about where we as a husband and wife.
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answered on Nov 17, 2023
In California, if your property was removed from your shared home by your husband and his girlfriend without your consent, you may have legal grounds to sue. As a community property state, assets acquired during the marriage are generally considered joint property.
If your joint property... View More
The girlfriend is stopping me from communicating with my husband.
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answered on Nov 17, 2023
In California, you may have legal grounds to take action if your husband and his girlfriend have improperly handled or disposed of your property. California is a community property state, meaning that property acquired during the marriage is generally considered jointly owned. If your jointly owned... View More
I read that financial information will not be filed with court and will only be shared with my spouse. When I read the steps for finishing the divorce in default, I saw that there is an option wherein the Final Disclosure can be waived (form FL-144). Are there only specific cases that this can be... View More
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answered on Nov 17, 2023
In California, waiving the Final Declaration of Disclosure in a divorce is possible under certain conditions. The form you mentioned, FL-144, allows both parties to waive the requirement of providing a final declaration of financial information. However, this can only be done if both parties agree... View More
I've looked at both processes for a default and default with agreement and they both have a requirement that says my spouse should not have filed a response in 30 days. If we are already in agreement to have a default divorce, can I not wait for the 30 days and just finish the rest of the... View More
answered on Nov 17, 2023
Yes, you are required to wait for 30 days if you want to request a default divorce. You husband's assurance to you that he won't file a response means nothing to the court. It would be advantageous to file an agreement signed by both of you acknowledging the terms of the divorce. It will... View More
I've looked at both processes for a default and default with agreement and they both have a requirement that says my spouse should not have filed a response in 30 days. If we are already in agreement to have a default divorce, can I not wait for the 30 days and just finish the rest of the... View More
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answered on Nov 17, 2023
In California, the law requires a waiting period of at least 30 days from the date the divorce petition is served before you can proceed with a default divorce. This period allows the responding spouse time to file a response. Even if you and your spouse are in agreement about the divorce, this... View More
He is military and didn’t take the paperwork with him. Dealing with it overseas
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answered on Nov 16, 2023
In California, during a divorce proceeding, both parties are generally required to share relevant documents and information. If your ex's lawyer is requesting new copies of the divorce and response paperwork, it is typically part of the discovery process in which both parties exchange... View More
My spouse and I don't have kids, debt, or property together and we are fairly in agreement about separating. We wish to do this ourselves since we don't have any disputes so we're expecting to not have trials or hearings anymore. Can we do this ourselves? What would be the most... View More
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answered on Nov 15, 2023
In California, you can file for divorce without a lawyer, especially in cases like yours where there are no children, debts, or properties involved, and both parties are in agreement. This is often referred to as a "summary dissolution" or an "uncontested divorce."
To... View More
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