California Divorce Questions & Answers

Q: Can my husband take away my transportation or any other assets we purchased together.

1 Answer | Asked in Divorce for California on
Answered on Feb 3, 2016

Generally not. You'd likely have to go to court to ask for temporary spousal and child support and get an order for you to have sole and exclusive use of one of the cars. If you're ok with the one your name is on, take that one. If one of the other cars is better (e.g. newer, bigger, more reliable, etc), ask for that one.

Andy

Q: I was the respondent on original divorce. I want to file on my own for support. Am I still the respondent?

1 Answer | Asked in Divorce for California on
Answered on Feb 3, 2016

Yes, but it's academic. It is very common for a person to be the respondent in the original case, but the petitioner or moving party for the limited purpose of one motion. You would still fill out the motion papers with your name as respondent. The papers themselves should make it clear, though, that you are the moving party.

Andy

Q: I need to get an divorce. I am married for 16 and half years but not been together for the 16 and half.

1 Answer | Asked in Divorce for California on
Answered on Feb 3, 2016

The time you were together, were married for, etc does not restrict your ability to get a divorce. The actual time you were together may be disputed during your case so you should be prepared for that. The time you were together (technically, the Date of Marriage to the Date of Separation) will be important in determining what set of rules apply to your divorce. CA treats marriages less than 10 years long (Date of marriage to Date of Separation) differently than those 10 or more years long....

Q: If divorced in ca. and my X has gotten remarried can I change life ins beneficiary and retirement beneficary

1 Answer | Asked in Divorce and Estate Planning for California on
Answered on Jan 30, 2016

That would depend on what your property settlement requires. Contact your divorce attorney to review your property settlement.

Q: My husband is talking about divorce but I do not want one. I know my husband loves me . Is there anything I can do ?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Jan 27, 2016

You obviously cannot force your husband to remain married to you or seek the help of a marriage counselor. You may want to go to counseling on your own, though, to see if you can obtain some insight about the situation. You might also want to obtain a consultation with an attorney to determine if there are any legal steps you need to take to protect yourself.

Q: I need help either finishing my papers for my divorce or starting over with a lawyer..i need to get it done please help

1 Answer | Asked in Divorce for California on
Answered on Jan 22, 2016

If you have money, then yes, you can probably find a lawyer to help you. Make sure you interview several as personalities, costs, etc can vary wildly. If you don't have money, I would recommend you either make use of your court's self-help center or consider hiring a lawyer on an as-needed basis. You should google "Limited Scope Representation" and "California".

Andy

Q: If my spouse filed an RFO in response to a default divorce,but hasn't served yet, would I be served if I got them myself

1 Answer | Asked in Divorce for California on
Answered on Jan 22, 2016

Yes, you are supposed to be served. Please do not depend on your ex to serve you, though. If you know about the date, make sure you go to the court hearing. If you still haven't been properly served by the court date, you can always ask for a continuance of the hearing and buy yourself more time. It sounds like you defaulted your ex and now he would like to set the judgment aside. If it has been within six months, be prepared for the possibility that the judge will set the judgment aside. Good...

Q: Been married 8 years to a us citizen.just became a resident three months ago. She wants a divorce. Will I be affected?

1 Answer | Asked in Divorce and Immigration Law for California on
Answered on Jan 19, 2016

No, your permanent residence will most likely not be affected but I suggest you talk to an immigration attorney before signing the divorce documents as you might need your spouse's signature in a few immigration related documents. Many immigration attorneys including me offer free consultations, make use of the consultations and talk to an attorney soon. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez...

Q: I accidentally put the wrong date for date of legal separation. Can I modify that or do I have to refile?

1 Answer | Asked in Divorce for California on
Answered on Jan 19, 2016

It depends. If your ex has already answered the pleadings and he or she put the proper date you need to do nothing. You can also amend the pleadings before your ex is served by simply preparing a new petition, putting the word "Amended" near the top of the paper, and refilling. You will need to serve the document, but if your ex has already been personally served, it can be done by mail. If, on the other hand, your ex has already been served and filed a Response, you will need to file a formal...

Q: If I was married on 7/7/2007 in the state of Hawaii, can I file for divorce here in San Diego, CA?

1 Answer | Asked in Divorce for California on
Answered on Jan 9, 2016

Where and when you got married is not important when it comes to getting a divorce in CA. All CA cares about is how long you've lived in CA and how long you've lived in the county in which you file the case. Once your divorce is done in CA, you don't need to send proof to Hawaii, but you should retain proof of your divorce as you will occasionally need to prove that you are divorced (e.g. for health insurance, etc).

Andy

Q: If my wife hasn't filed the final judgement for my divorce for over 6 months what can I do, it already went on default

1 Answer | Asked in Divorce for California on
Answered on Jan 9, 2016

Not really. I assume you're the respondent. If the default has been granted, then the respondent has no participation in the case. Thus, you would not be allowed to ask the judge to force petitioner to explain the delay, etc.

Andy

Q: What will I have to do if I married a non-US citizen abroad and want a divorce in California?

1 Answer | Asked in Divorce for California on
Answered on Jan 6, 2016

As long as you meet California's residency requirements (i.e. live 6 months in California, 3 of which has to be in the county in which you file the case), you can get divorced here. The practical problem, though, is that you will have to serve your spouse in the Phillippines, which may be easy or really difficult to do.

Andy

Q: during a divorce what bills is my husband required to pay since he's the sole income provider until divorce is final

1 Answer | Asked in Divorce for California on
Answered on Jan 3, 2016

None, technically, unless there is a court order saying that he has to pay them. You can also ask for temporary spousal support during the pendency of the case and use some of that support to pay urgent bills like food, rent, etc.

Andy

Q: Out of state divorce

1 Answer | Asked in Divorce for California on
Answered on Jan 3, 2016

What does registered in California mean? To file divorce in CA, one of you has to have lived in CA for the 6 months prior to the filing of the case, 3 of which must be in the county in which the case is filed.

Andy

Q: Do you have to submit tax returns with the FL-150 if you have provided recent pay stubs?

1 Answer | Asked in Divorce for California on
Answered on Dec 24, 2015

Tax returns are not required as part of the FL-150, but they are required as a separate item in the financial disclosure. See box 3 on the form FL-140. The Family Code also requires the parties to exchange tax returns.

Andy

Q: Hi my husband is trying to sell the house before the divorce. Can he sell it w/o my consent if it's also under my name?

1 Answer | Asked in Divorce for California on
Answered on Dec 16, 2015

If your name is on the house, then he won't be able to sell it without your signature. The tactic of trying to sell property to deprive the other spouse of it is very common and also very pointless. If the house was bought during the marriage or paid for during the marriage in anyway, then a portion of the house will be community and be subject to division in a divorce. Many spouses try tricks of various kinds to get out of that division, but they never work.

Andy

Q: Can divorce become legally final, if spouse does not sign the final settlement paper after a length of time?

1 Answer | Asked in Divorce for California on
Answered on Dec 4, 2015

The divorce is final when the judge signs the FL-180 form. Until then, if all you have is an unsigned settlement agreement, I would say you have nothing at all to stand on.

Andy

Q: What guidelines can I follow when it comes to support required for sponsored individuals?

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on
Answered on Dec 4, 2015

You do not have to give her anything, it is more like a security deposit. Work with an immigration attorney to help you with this process. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will...

Q: What guidelines can I follow when it comes to support required for sponsored individuals?

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on
Answered on Dec 3, 2015

Your question provides with insufficient facts to be answered. Are they in the USA?

Q: Can I pray the Court to revisit the issue of child support to either decrease or terminate?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Nov 24, 2015

Are you concerned about child support or spousal support? If your ex isn't trying to become self-sufficient, you can ask the judge for something called a Gavron Warning and she'd have to provide proof of her seeking employment.

Andy

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