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California Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: Is there a lawyer that can help fix this ?

After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 30, 2022

You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial... Read more »

1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Divorce for California on
Q: If my wife retains a divorce attorney, do I need to retain one as well?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

If she has an attorney and you don't you will likely be at a disadvantage. Don't risk it.

1 Answer | Asked in Divorce for California on
Q: Hello, Where can I get a " certified copy of specific law on Divorce "? Thank you
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 23, 2022

What does that mean? Certified copy of the law? What are you trying to get?

1 Answer | Asked in Criminal Law and Divorce for California on
Q: My boyfriend bought a pair of diamond earrings a couple years ago and I wear them but recently left them at the hospital

And someone took them. I then bought another pair of earrings with my money to replace them. We are breaking up and he is trying to take them and claim that he can because I lost the pair he originally bought so I owe him. Can he take them from me if I bought them even if I lost the pair he bought?

Arturo Angel Burga
Arturo Angel Burga
answered on Jun 12, 2022

Sounds more like a small claims action. He would have a hard time winning this. You can keep them if you want and he won't be able to get them from you unless a judge agrees with him.

1 Answer | Asked in Divorce for California on
Q: CA If separated from a spouse for 15 yrs, no combined finances, no assets, and no young children - can it be contested?

I was married in California, but only lived together for 2 years. We've been separated 15 years with no combined assets/finances. Our child is now 18 years old. Is there any reason the divorce could be contested?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 7, 2022

Depends on what you think "contested" means. When filing for divorce, you file your petition and summons and then serve the other party. They either respond to the petition by filing a response or they don't. If they don't, you proceed by default, if they do, then you proceed... Read more »

1 Answer | Asked in Divorce for California on
Q: Divorce in California but married in another state

I got married in Massachusetts and now I've lived in California for 3 years. I wonder whether my marriage certificate needs to be notarized if I file for divorce in California. Thanks!

Rebecka A Monez
PREMIUM
Rebecka A Monez
answered on Jun 3, 2022

You do not need your marriage certificate to be notarized to file for divorce in California. Your marriage certificate from Massachusetts can stand on its own authentication by being certified from the clerk recorder's office of the county in Massachusetts that issued it. Additionally, a... Read more »

1 Answer | Asked in Divorce for California on
Q: What happens if a status only judgment is entered at bifurcation, but the petition expires prior to case finalization?

We have single status restored, but not likely to finish with final MSA before the petition expires? Does it affect marital status change?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 1, 2022

Why would your petition for dissolution expire? Not clear what you are referring to here.

1 Answer | Asked in Divorce for California on
Q: Can my wife be considered an unfit mother in Calif if she keeps giving money to scammers? I want full custody.

My wife has given almost $20k of our money to scammers, sometimes conning me to do it. Can I also deduct this amount from any alimony?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 1, 2022

I see two very different questions here 1) related to custody of minor children; and 2) Wife's liability to the community for spending money on scammers. As to this second issue, there's not enough information here to respond to your inquiry. Giving money away to scammers will likely be... Read more »

1 Answer | Asked in Divorce and Car Accidents for California on
Q: I bought a house when married and put down payment from a previous payout from injury does house split 50/50 still?

I used downpayment from my injury payout , can I get that back before 50/50 house ?

Dale S. Gribow
Dale S. Gribow
answered on May 31, 2022

IT SOUNDS LIKE YOU CO-MINGLED YOUR MONEY...AND THERE WAS NO CONTRACT/AGREEMENT?

1 Answer | Asked in Divorce for California on
Q: Can I file for divorce if I live in a different state? Can you still divorce someone even if the other person refuses.

I’m currently residing in California and my wife is in Maryland. We’ve been married for 33 years. We have no children. We have been separated for about 6 months.

Rebecka A Monez
PREMIUM
Rebecka A Monez
answered on May 23, 2022

California is a no-fault/community property state. This means that even if the other party does not want a divorce, you can still get one. As for your wife living in Maryland and you living in California, you can file in California so long as you meet the residency and jurisdiction requirements.... Read more »

1 Answer | Asked in Criminal Law and Divorce for California on
Q: What's it a case of if it reads end number case is dr608
Dale S. Gribow
Dale S. Gribow
answered on May 23, 2022

If you have a case in immigration court, you can find out the date of your next hearing and other information by calling the court hotline at 1-800-898-7180 or by entering your A Number. You can also call a specific court.

1 Answer | Asked in Divorce for California on
Q: Born,married,divorced in California. I have moved to a different state. Will changing my name affect any divorce ord.s

I just want to know if I need legal advice to change my name legally and if doing so may affect the enforceability of the court orders relating to my divorce.

Tobie Brina Waxman
Tobie Brina Waxman
answered on May 19, 2022

Changing your name should not impact the enforceability of valid court orders or judgments.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: Subpoena as attorney or individual?

My girlfriend's ex husband had one attorney and my ex wife had another attorney. Both attorneys worked for the same law firm. We got divorced a year apart, her first. My ex made a false abuse accusation, her attorney decided to share this info via a call as fact with my girlfriend's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 9, 2022

more info and clarification is needed.

the first thing you should do is write out a summary of all the facts so that the new lawyer you are going to contact has all the info.

there may be a conflict issue, but your lawyer who will have all the facts will be in the best position to assist you.

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Minnesota, xhusband died married 25 years divorced 2 remained together. Mortgage in both names loan his alone my rights?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 29, 2022

This question was posted under California, although you preface your inquiry by stating you (or xhusband??) are in Minnesota. From the perspective of California law, if it applies, the extent of the community's interest in the property is not based on whose name is on title or on the loan.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Is there a legal document to allow one person on a mortgage to leave without liability or claim to future proceeds?

In Humboldt County, California, my daughter and son-in-law are about to divorce. They haven't filed yet. My son-in-law would like to stop making his half of mortgage payments immediately (they have separate bank accounts), and receive what is thought to be his half of the current equity in... Read more »

James A. Greer
James A. Greer
answered on Apr 25, 2022

Dear Property Split Questioner: Certainly a competent attorney could draft the Agreement that addresses the splitting of the equity in the house and the other particulars as to manner of division between these parties. However, the biggest challenge to the expressed "goal" of either/both... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I am alienated parent and can I sue people and family who knowingly not disclosing where my kid is?

I filed divorce in Oregon and my soon to be ex skipped the state. Supposedly she moved back to CA according to her lawyer. She took our kid with her and I don't know where they are. I haven't been able to serve divorce paper. I have been searching on the internet, hired PI, I confronted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 8, 2022

you can always sue anyone for anything.

the question is will you win?

they do not owe you a duty to cooperate

there is service by publication ........however this is not my area of law.....it is not domestic violence nor criminal law or PI.....

1 Answer | Asked in Divorce and Immigration Law for California on
Q: Hi, I want to discuss with attorney about divorce case and immigration

My husband who is US citizen and want to file a divorce. I am a condition green card holder. Will the divorce affect my application process for removing my green card condition?

Agnes Jury
Agnes Jury
answered on Apr 8, 2022

Yes. It getting divorced will affect removing the condition on your green card. You should consult with an experienced immigration attorney as soon as possible. If you can't afford a consultation, some attorneys offer limited free consultation. You can find an attorney here on Justia.com,... Read more »

1 Answer | Asked in Divorce for California on
Q: Is contesting my divorce out of the question if I don’t have a lawyer?
Ms. Renee Marcelle
Ms. Renee Marcelle
answered on Mar 30, 2022

One may contest a divorce with or without a lawyer. In California of course, it is a "no-fault" divorce state. Thus if one party seeks a divorce, the divorce will be inevitable, unless your partner changes their mind.

The disposition of assets and custody arrangements can be...
Read more »

1 Answer | Asked in Divorce for California on
Q: a divorce after 27 yrs my husband want to leave me the house and that’s it. I want alimony he says house is enough.help!
Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 14, 2022

Whether that's a good deal would depend on whether the house is paid off, what it's worth, how much alimony you'd be entitled to, and whether you will need to make mortgage payments. It's possible this offer may be a good deal for you.

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