California Divorce Questions & Answers

Q: My father remarried, outside US, before his divorce was official in the US. Under California what happens to his estate

1 Answer | Asked in Divorce and Estate Planning for California on
Answered on May 24, 2016

Good question, and it depends on a couple of things.

First, I am not sure what you mean by "before his divorce was official." Divorce judgements in California can come in two parts, a first order terminating the marriage and then a final order resolving property issues. This allows the courts to terminate the marriage before resolving property issues.

The next part involves whether you are asking about if your father gets a part of his new spouse's estate or visa-versa....
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Q: how do i find out if i am still married. i have not had any kind of contact with my wife for over 20 years.

1 Answer | Asked in Divorce for California on
Answered on May 20, 2016

There's no way to know for sure. You should, theoretically, have been informed of any divorce case that your wife would have filed on you any time during the last 20 years. People lie about this all the time, though, so it is possible your wife filed a case and then claimed falsely that you could not be found so you were served with a newspaper ad you never saw.

Andy
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Q: What should I do if I realize I was used for marriage for my husband to get his green card?

2 Answers | Asked in Divorce, Employment Law and Immigration Law for California on
Answered on May 19, 2016

You should contact USCIS to explain this but if you do not have any valid proof for your claims your plea will not be accepted. I suggest you first contact an immigration attorney and then move forward with this process. Many immigration attorneys including me offer free consultations, make use of the consultations.

All the best.

-Shan Potts

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

15 years of successful...
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Q: Can I compel my ex-husband to remove my name from the loan of the property we owned? I quit claimed the home to him.

1 Answer | Asked in Divorce and Real Estate Law for California on
Answered on May 9, 2016

You're in the most unfortunate of situations. Without being on title, you won't be able to force him to sell or refinance. The only way you can force him to refinance would be if there was a requirement in the divorce property settlement.
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Q: California divorce - Spouse's credit card debt

1 Answer | Asked in Divorce for California on
Answered on May 7, 2016

Your wife's debt before separation will generally be considered to be community. Sorry. You'll likely be responsible for half of it. The fact you may not have been aware of it or the trips were things she went on by herself are likely not going to be important.

However, there may be exceptions to this general rule that may apply in your case. The only way to know is to consult with a family law lawyer.

Andy
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Q: Can I file for default after 7 months of original filing, or do I need to start over

1 Answer | Asked in Divorce and Family Law for California on
Answered on May 7, 2016

It depends on whether your spouse filed a response or not. If not, then you can file for a default, even though 7 months has past. If, however, your spouse has filed a response or appeared in court at a hearing, then you can't file a default. It is possible to establish custody by default, but it's rare. I'm going to assume that you and your spouse agreed to a custody arrangement of some kind. I'm guessing then that your case will be uncontested, but it will depend on how the custody...
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Q: During my divorce in 2008, my ex never filed the quitclaim deed I signed and had notarized. What are my rights now?

1 Answer | Asked in Divorce and Real Estate Law for California on
Answered on May 5, 2016

Why wouldn't you resign? If you don't have an interest in the property, why not just sign one and record it yourself? If you don't, you may be in breach of contract and force him to sue you which will cost you money too.
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Q: Fatal drunk driving accident

2 Answers | Asked in Divorce, DUI / DWI and Personal Injury for California on
Answered on May 3, 2016

Most likely it will wind up just being against your husband's estate.
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Q: If a father gives up child support, does he still have the right to see his child?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Apr 18, 2016

You should repost this in the Texas forum.
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Q: i live in California, how long will it take the judge to sign paperwork and for me to receive my divorce decree?

1 Answer | Asked in Divorce for California on
Answered on Apr 18, 2016

It depends on how complicated your case is. If your case involves minor children or assets or debts to divide, then your case will take longer than if you didn't have children, assets, or debts. It also depends on how crowded or overwhelmed your family court is with cases. In some counties, even easy cases take more than the statutorily-mandated 6 months and 1 day because of budget cuts, limited staff, etc.

Andy
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Q: We want a divorce and are 100% in agreement on all counts. Can we just walk into the courthouse together and file?

1 Answer | Asked in Divorce for California on
Answered on Apr 18, 2016

Your situation where both spouses agree is very common. How to actually file the case will vary. It may be better for one of you to file versus the other, for example. Whether to do an uncontested or a default case will also depend on your situation.

The process (I assume this is what you refer to as the back and forth) is required, but it does not have to be contentious.

Good luck
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Q: I am getting married and my fiance is married but been separated for over 10 years, is he legally divorced without pape?

1 Answer | Asked in Divorce for California on
Answered on Apr 18, 2016

Your fiance is wrong. He isn't divorced until he has a court paper signed by a judge stating that he is restored to the status of a single person. Other wise, your marriage to him will be bigamous and you may not have a lot of the rights that you should have as his spouse.

It doesn't matter whether he can or can't find his wife now. He can still get divorced now, even if she doesn't want him to find her. It is also possible that she got a divorce during the 10 years so your fiance may...
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Q: Spouse asks permission to refinance the house, does it mean I have some financial obligations?

1 Answer | Asked in Divorce, Estate Planning and Family Law for California on
Answered on Mar 19, 2016

You most likely signed a quitclaim deed to the property transferring any interest that you had in the property to your wife. However, it is possible that the property was transmuted from separate property to community property giving you an interest in the property, even though it is in your wife's name. This is more of a family law question, than an estate planning question. I suggest seeking out a family law attorney to assist you with your divorce and the issues of this property.
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Q: What date does Ca. Divorce courts consider my marriage legally over? When I file for divorce or when its finalized?

1 Answer | Asked in Divorce for California on
Answered on Mar 12, 2016

You're asking two different questions. A marriage is legally over when the judge signs off on the judgment. This is at the end of a divorce case. However, the date of separation is what counts in determining whether your marriage is long or short term and when community property rights end.

The 6 month and 1 day period you're referring to is the state minimum for getting a divorce. If you live in a heavily-populated county in CA (e.g. Alameda), it will most likely take longer. I do...
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Q: I live in California and my husband is Canadian. How hard will it be to serve divorce papers to him in Canada?

1 Answer | Asked in Divorce for California on
Answered on Mar 12, 2016

Probably not real hard since the US and Canada get along fairly well politically-speaking. It would be different if, for example, your husband was in North Korea and you were in the US.

If your husband is in an urban part of Canada (e.g. metropolitan Vancouver), it should be fairly easy to find a process server to do the service. If he lives way in the northern remote parts of rural Canada, you can still probably find a process server, but you'll have less choice and, most likely, have...
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Q: Divorced w/ 2 kids, paying child support, getting remarried. New spouse's income considered if CS revision is filed?

1 Answer | Asked in Divorce for California on
Answered on Mar 12, 2016

It depends on where the court is that will be doing the CS recalculation. I assume this is the Alabama court. You should repost this in the Alabama forum. If the CS recalculation was being done in CA, the answer is generally no. CA Family Code 4057 says that for the purposes of computing child support, the income of a parent's subsequent spouse is not to be considered. However, one big exception is that if failing to include the new spouse's income results in a hardship for the kids, then the...
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Q: Divorce in California, DOS of 2/10 - Community property is my bank account today (3/11) or the statement of (2/10) ?

1 Answer | Asked in Divorce for California on
Answered on Mar 12, 2016

As to your bank account, it depends on where the deposits you made after separation came from. Salary and other earnings after separation are separate property by statute (Family Code 771(a)). If you deposited money in to your bank account after separation from other bank accounts, then the deposits may be community still. It depends on where the money you deposited comes from.

Loans and other debt from during the marriage are, generally, community debt and is split 50/50. That split...
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Q: If my ex filed for a divorce in California can she file another divorce in Texas if the case in California is active?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Mar 9, 2016

I am not sure I am understanding your question. However, if you have had custody of the children and they have lived in the state of California for six months or more, the children are residents of California. If you wife took the children to Texas and won't return them, you need to retain an attorney and file for an emergency child custody hearing in California. If you do not have the money for an attorney, you can either hire a paralegal or go to the courthouse and obtain help filling out the...
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Q: My wife filed for a divorce served me the papers that's all and said we are divorced is that true

1 Answer | Asked in Divorce for California on
Answered on Mar 4, 2016

Not at all. Your wife is completely wrong. You are not divorced until you get an FL-180 in your hand that is signed by the judge.

Andy
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Q: Living illegally in the USA I married a US citizen. I left him & the USA. He divorced me. Can I get the divorce quashed?

1 Answer | Asked in Divorce for California on
Answered on Mar 4, 2016

You can't quash or get the judgment overturned. In CA, you cannot prevent your spouse from divorcing you. You can, however, in general challenge the terms of the divorce (e.g. how property is split, etc). Depending on the circumstances of your case, you may qualify for a motion to set aside judgment. Litigating from overseas is not impossible, but it is more difficult. You need to evaluate whether the costs outweigh the benefits.

Andy
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