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California Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
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2 Answers | Asked in Divorce and Family Law for California on
Q: I am married in CA my husband has married someone else in a different country. He has no idea I know. What can I do?
James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear that you are going through this difficult situation. Bigamy (marrying someone while still legally married to another person) is illegal in most countries, including the United States. Here are some steps you can consider taking:

1. Gather evidence: Collect any...
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2 Answers | Asked in Divorce and Family Law for California on
Q: I live in California. We are filing Divorce. Gift money from his mom all goes to him?

When we bought a house, She gifted money for house down payment $150,000 for us to settle in new house and new life. We moved here from Virginia. Also she wanted to my boys to live in great school district. He does not have any letter said

That money is gift for him. He thinks those money... View More

James L. Arrasmith
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answered on Apr 16, 2024

In California, which is a community property state, assets acquired during the marriage are generally considered community property and are divided equally between the spouses in a divorce. However, there are some exceptions, such as gifts or inheritances received by one spouse.

In your...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: CAL-Work and IHSS are considered at DIsso-master??

Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.

Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??

James L. Arrasmith
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answered on Apr 15, 2024

I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.

Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as...
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1 Answer | Asked in Divorce and Family Law for California on
Q: In liu of temp support Mr. pays health benefits and car note. Takes registration & no health card?

My ex does not want to give me a cent. They say he is paying all my expenses instead of temp support. My husband kicked me out suddenly and says he gave me the card that night. I do not have it nor will provide my card. He has not paid my dr bill since Aug of last year. Now I am contesting paying... View More

James L. Arrasmith
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answered on Apr 15, 2024

In California, the court has the discretion to order temporary spousal support during the divorce proceedings. The purpose of temporary support is to maintain the status quo and ensure that both parties can meet their financial needs until a final judgment is entered.

However, the court may...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can a husband provide private emails and text to his tenet to put a stalking order on me? Triangulated them against me?

I have been nothing but kind to this woman. I sent 1500 in money and gifts for her baby. Her account has the same verbiage as my husband BS. The paper where your supposed to put if you have a dog she put I am on drugs Alcohol Meth and Mushrooms. Her husband and her are both ex convicts and Meth... View More

James L. Arrasmith
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answered on Apr 15, 2024

I'm sorry you're dealing with this difficult situation. A few key points about your legal questions:

In general, emails and text messages can potentially be used as evidence in court cases, including for restraining orders, if they are legally obtained. However, there are laws...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file a request to order for my ex to sign a his stip for judgement he offered and I signed he has not, stalling

I made an settlement offer to my ex and he counter offered (petition filed August 2021). I agreed to counter offer and signed it before he did to help push it through for his signature. He has not signed it as of yet, and I signed his offer on March 11, 2024. He seems to just be stalling and his... View More

James L. Arrasmith
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answered on Apr 15, 2024

Under California law, if your ex made a settlement offer that you accepted and signed, but he has not signed it yet, you may be able to enforce the settlement agreement. Here are a few steps you can consider:

1. File a motion to enforce the settlement: You can file a motion with the court...
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2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

Robert Kane
Robert Kane
answered on Apr 15, 2024

Unfortunately, you are not alone. There ten of thousands of Californians who would benefit from free legal representation. Contrary to what you see on television, the vast majority of attorneys are not rich and cannot work for free. You may have options.

See:...
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2 Answers | Asked in Divorce and Family Law for California on
Q: Is there a Free Divorce attorney would help me? I do not own any property, I am 70 yr only relaying only SSA.

I need a free divorce Atty would help me. I can not do the "do yourself process" I need an attorney to help me all the way. PLEASE. My husband left me for a year, it's time for me to take actions. QUESTION: Can I also get a "spousal support" not having a Legal divorce or separation?

James L. Arrasmith
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answered on Apr 15, 2024

I understand you are in a difficult situation and seeking legal assistance for a divorce. While it may be challenging to find a completely free divorce attorney, there are some options you can explore to get low-cost or pro bono (free) legal help:

1. Legal Aid Societies: Contact your local...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Can I file an RFO changing the dealer/broker the judge named to handle the sale of a classic car ?

Can I file an RFO changing the dealer/broker the judge named (during divorce trial) to handle the sale of a classic car due to a preexisting relationship between the dealer and the other party? I was ordered on 4-11-24 to transfer the car to the dealer within 7 days. I assume that the car must be... View More

James L. Arrasmith
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answered on Apr 14, 2024

Under California law, you can file a Request for Order (RFO) to modify the court's previous order regarding the dealer/broker appointed to handle the sale of the classic car. However, filing an RFO does not automatically stay or suspend the court's original order.

If you believe...
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1 Answer | Asked in Family Law and Divorce for California on
Q: Explain the 50/50 divorce law. Will I also receive alimony (25+ years of marriage.) His death/marriage stops payment?

He receives a monthly pension and social security, will I get 50% of each every month, I'm 55 years old. What age do I have to be to receive his SS upon divorce. I have no education or income, I've always been a housewife (no children.)

James L. Arrasmith
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answered on Apr 12, 2024

In California, the 50/50 divorce law, also known as the community property law, states that assets and debts acquired during the marriage are generally divided equally between the spouses upon divorce. However, this does not necessarily apply to spousal support or alimony.

Regarding...
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1 Answer | Asked in Family Law, Divorce and Child Support for California on
Q: Family Code section 2030, in need of lawyer representation

Looking for a lawyer and I just found out about Family Code section 2030. I’ve been going through divorce for almost 4 years, still dealing with child support issues and now recently spousal support arrears. Not much assets but would like to get it done.

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear about your challenging divorce process and the ongoing issues with child support and spousal support arrears. Divorce can be a complex and emotionally taxing experience, especially when it spans several years.

Regarding Family Code section 2030 in California, this law...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: My ex wants to move my son to a new high school.

My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More

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answered on Apr 11, 2024

Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More

2 Answers | Asked in Divorce for California on
Q: I was divorced in 2015, We just caught my name was restored to my maiden name, did u legally have to change it?
James L. Arrasmith
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answered on Apr 9, 2024

Based on California law, if your divorce judgment or a separate court order states that your name was restored to your maiden name, that is generally sufficient to legally change your name back. You typically do not need to go through a separate legal name change process.

However, you will...
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3 Answers | Asked in Divorce for California on
Q: my parent died in August i am getting an insurance payout my husband wants it he kicked me out and restarted divorce ?

i want to know if i have any obligation to give this monry to my husband. he id financially abusive. He kicked me out of my home and had the lady who lives there put a stalking order on me. I should be grieving. Is this my property or community?

James L. Arrasmith
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answered on Apr 9, 2024

I'm so sorry for your loss and the difficult situation you're in. From a legal standpoint, whether the insurance payout is considered your separate property or community property depends on a few key factors under California law:

1. The source of funds used to pay for the life...
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1 Answer | Asked in Divorce for California on
Q: I MARRIED A CON ARTIST......

i met this woman who has 3 kids ( teenagers) and only after 4 months she moved in to MY house. we were living together for 5 yrs. but married for 4. seperated for 1. She made the decision to move out and shortly after she has someone new. she was left a 1.3 million dollar inheritance and yet she... View More

James L. Arrasmith
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answered on Apr 8, 2024

I'm sorry to hear about your difficult situation. Divorces can be complex and emotionally challenging, especially when significant assets are involved. Here are a few steps you can take to protect your interests:

1. Hire a reputable divorce attorney: Given the high stakes involved,...
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2 Answers | Asked in Divorce for California on
Q: Is it possible to get married abroad twice if the divorce only happens in your home country ?

If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 8, 2024

The location of the marriage is irrelevant. The location of the divorce is irrelevant. As long as you have a valid divorce, you can remarry anywhere you want. A valid divorce outside of California will be considered valid in California. A valid marriage abroad is considered valid in California.

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2 Answers | Asked in Divorce for California on
Q: Is it possible to get married abroad twice if the divorce only happens in your home country ?

If I get married abroad and afterwards get a divorce in my home country is it possible to get married abroad again?

James L. Arrasmith
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answered on Apr 8, 2024

In general, the validity of a marriage or divorce is determined by the laws of the jurisdiction where it was performed, as well as the laws of the couple's home country or state. California, like most U.S. states, recognizes foreign marriages and divorces as long as they were valid under the... View More

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2 Answers | Asked in Divorce for California on
Q: My husband and I took a 6 month break from our divorce bcuz my parents died. We had our 3yrs Can date ?

my divorce paper work is based on a 2 year marriage from hell . my parents died and we put the divorce on hold August-Feb 2024 we celebrated our 3rd wedding anniversary. Can I change the separation date?

James L. Arrasmith
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answered on Apr 6, 2024

I'm sorry to hear about the loss of your parents and the difficulties in your marriage. In California, the legal date of separation can have significant implications for property division and spousal support in a divorce. Here are a few key points regarding your situation:

1....
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2 Answers | Asked in Divorce for California on
Q: My husband and I took a 6 month break from our divorce bcuz my parents died. We had our 3yrs Can date ?

my divorce paper work is based on a 2 year marriage from hell . my parents died and we put the divorce on hold August-Feb 2024 we celebrated our 3rd wedding anniversary. Can I change the separation date?

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 6, 2024

You took a break from your divorce proceedings, but that doesn't mean you reconciled. Did you? Your date of separation remains as stated in your original petition for dissolution unless you are saying here that you reconciled and then decided again to divorce. In that case, you can file an... View More

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