Get free answers to your Divorce legal questions from lawyers in your area.
I also moved back in with my parents after we separated. Do I have to include their income in the FL-150 form under section 12? Also, am I allowed to leave any sections blank if they don’t apply? Thank you!
answered on Oct 23, 2024
Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More 
I am filing for divorce, however, my soon-to-be ex and I have a minor child that a family member gave us custody of when she was 2 weeks old. What do I need to do to ensure I keep my parental rights? As my ex said she is going to be filing papers that give her all parental rights, basically... View More
answered on Oct 22, 2024
Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More
I'm Self-Represented and my Ex has an attorney. The attorney is requesting, to start discussing financial settlement. The attorney has requested I share the most current statements for 401K & Stock portfolio.
Qs -
1) Am I legally required to share these statements? They... View More
answered on Oct 22, 2024
Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.
There is no set number of days or hours that you... View More
I was presented with a buyout scenario by a mediation lawyer, but I don't understand why he calculated a 5% interest earned on the money. He said if I invested the money I would earn 5%, but I am not going to invest it.
Also he calculated it for 10 years of alimony, but we were... View More
answered on Oct 22, 2024
I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More
He controls everything. She has no access to the family computer, money or to any financial accounts. She doesn't work and would need alimony. I think he wants to have a lawyer for only certain parts of the divorce. Should my friend agree to this?
answered on Oct 3, 2024
It seems clear you don't believe it's a good idea, and it probably isn't. Even if everyone agrees to it initially, it can be quickly ended once there's a conflict. If the attorney sees a problem, she would be obligated to withdraw. Hopefully she understands this and is of good... View More
My ex wife has since remarried and has refinanced the property several times, but has yet to compensate my 40% stake my way. The fact that she has remarried and refinanced, does that mean that she should have paid me my stake off ? My name is not on the deed of the house anymore.
For... View More
answered on Sep 26, 2024
The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More
My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2024
It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More
My attorney sent me substitution of attorney form which I signed. It has been 1 week and she has not returned the stamped copy to me. Also, she has not returned my file to me. They are telling me the form has not been returned from court yet. Does it take so long to get the form from the court?... View More
answered on Sep 20, 2024
Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for... View More
I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More
answered on Sep 19, 2024
If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More
He hasn't been cooperative or responsive in any way ever since they separated. She cheated on her, abandoned her, and cut any type of communication with her. He even started living with the person he cheated on her with. So far, she has been trying to get the divorce started by filling out the... View More
answered on Sep 15, 2024
I don't understand the problem. She doesn't need his cooperation. What paperwork did she send to him that she believes he has to fill out for her to proceed with a divorce. Sounds like a lot of misunderstanding about how the process works. California is a no-fault state. If she wants... View More
Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only
answered on Sep 15, 2024
It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may... View More
We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More
answered on Sep 15, 2024
In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More
In family law (LA County), my ex’s attorney sent me 25 questions, followed by 35 more questions 10 days later. I requested a 20-day extension for the second set, but she refused. I tried to personally serve the first set 3 days before the deadline according to her instruction, but she was not in... View More
answered on Sep 9, 2024
There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024
If you're navigating a divorce, understanding these factors can help you anticipate potential alimony outcomes. It’s beneficial to gather detailed financial records and evidence of your standard of living during the marriage to support your case. Working with legal counsel can provide... View More
My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024
To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More
Do I need to ask for that in the divorce agreement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024
In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered... View More
Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024
In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now... View More
What if that lien, after a court order to be removed immediately, stands for an additional five months no matter the excuse [in this case simple refusal]?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
In California, an attorney can place a lien on contested property through a mechanism called an attorney's lien. This lien allows the attorney to secure payment for legal services rendered. However, the lien must be validly placed, and the attorney must follow proper procedures.
If a... View More
My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.
But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024
To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More
I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024
Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
