California Divorce Questions & Answers

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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Q: my child will be 15 next month, how much say does she have in child visitation?

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

It depends on the circumstances, how mature your daughter is, and the personality of the judge you have. Some judges are more inclined to consider what the minor child wants. Usually, if the child is more mature, the judge tends to give more weight to what the child wants.No guarantees though.

Andy
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Q: Getting divorced, Currently living in CA but moving back to NM. Should I wait for it to be finalized before move?

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

You don't have to wait for the divorce to be final before leaving CA. Many people who are getting divorced get better jobs or in to school or other similar things and they cannot afford to wait. As long as you participate in the finalization of your case (e.g. file all papers you're supposed to when you're supposed to, etc), you should be fine. I have had clients move before their divorce is final and I was able to get the divorce granted anyway.

If you do move, it will make things...
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Q: Innocent Spouse Relief denied for back taxes owed. Ex husband agreed to pay in divorce agreement. Do I have a case?

1 Answer | Asked in Divorce and Tax Law for California on
Answered on Mar 3, 2016

Seems like he has not performed according to the terms of your Marital Settlement Agreement and you may have a case. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi, Tax Attorney, CPA (California).
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Q: Ex spouse passed away 8-19-15. On our Divorce in 1998 finalized the judge honor that I to received pensions and r

1 Answer | Asked in Probate and Divorce for California on
Answered on Feb 27, 2016

You would have to file a petition with the probate court to assert your property rights to the estate. Even if the pensions and retirement accounts were cashed out, the estate can replace the money owed to you with other funds. Time is running out on your claim against the estate.
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Q: Is there a limit (time or otherwise) to contest a divorce decree? Any exceptions?

1 Answer | Asked in Divorce for California on
Answered on Feb 24, 2016

You should repost this in the Georgia forum as the laws on divorce vary (sometimes wildly) from state to state.

Andy
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Q: is there a way to determine if I have been divorced without my knowledge

1 Answer | Asked in Divorce for California on
Answered on Feb 11, 2016

There is no nationwide database of divorces that you have to register in. You can check the counties where the husband lived and where your daughter lived. However, most green card scammers generally don't go to the expense or trouble. They just up and vanish. If you check and find nothing and your step daughter has no memory of being served court papers for a divorce, they are probably still married.

Annulments are generally hard to get. If it has been 19 years, I would doubt she...
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Q: Ive been married for 15 years but seperated from my husband for 21/2 yrs due to his cheating and drug use ive filed divo

1 Answer | Asked in Divorce for California on
Answered on Feb 11, 2016

Yes, you need to file papers proposing a split of the community assets. Even if he is not contesting, the court still needs to know what the division is. The court won't just say in the divorce order "the parties don't contest property division".

Andy
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Q: My Daughter was married in Dec 2015 and its OVER. Can she get an annulment? what is the best way to end this?

1 Answer | Asked in Divorce for California on
Answered on Feb 11, 2016

In general, things like annulments are very difficult to get. Whether it will work in her situation depends very much on what happened. There's no way to answer your question without knowing the facts of what occurred.

Andy
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