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California Divorce Questions & Answers
2 Answers | Asked in Divorce for California on
Q: In CA when turning in Petition-Dissolution of Marriage/Partnership (FL-100) what other papers need to be filed with it?

Do I have to turn in a Property Declaration Form (FL-160) or will we be able to discuss that in mediation? I haven't turned in any papers to the court yet so I do not have the initial court date to start the process. I know the papers have to be seen by a judge in order to have a court date... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

The short answer as to what papers to file is: It depends. It depends on whether you have children or not. Here is a link for a starting point at the Self-Help Center in Los Angeles County. Other counties have similar Self-Help Centers.... Read more »

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1 Answer | Asked in Divorce for California on
Q: Can a paralegal working on my divorce get into trouble

Been asking her for days to get the papers signed she keeps putting me off

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

A paralegal cannot give legal advice. A paralegal can only type up documents based on your instructions. So a paralegal would not be signing your papers. You would be signing your own papers. A paralegal might be signing a Proof of Service form, for example Proof of Service by Mail, if that is... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: How do I Refile my case?

I had a paralegal tape up my documents and file them with the court I had continuing court dates a.k.a. COVID-19 my last one was over the phone I was not able to attend in time so I missed it therefore I need to re-file my case how do I do that I can no longer afford to hire another paralegal.

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

Here is my suggestion: Your paralegal should have given you an extra copy of the papers which were filed. If not, go back to the paralegal and ask for one. You already paid for it. Also ask the paralegal for a copy of the document on the thumb drive in case you need to print new copies... Read more »

2 Answers | Asked in Divorce for California on
Q: Do I have any rights to claim a % of an irrevocable trust where my husband is the beneficiary?

The trust was set up by his parents

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 10, 2020

Inheritance is the separate property of the beneficiary.

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3 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for California on
Q: Can a bio parent give their 50% custody to a step parent?

Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?

Mike Darlington
Mike Darlington answered on Jul 7, 2020

No

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2 Answers | Asked in Divorce for California on
Q: I'm looking for some basic divorce advice to progress an agreement with my husband.

We separated during Covid, have no children together and co-own the house that was bought with my money.

He was supposed to pay his half within a year and has not. A sellers loan was taken for that which is now due in a year. I can't get credit to take over that loan as I am an... Read more »

Rossana Pilar Mitchell
Rossana Pilar Mitchell answered on Jul 6, 2020

This is a family law matter and needs to go to family law court to determine his reimbursements if he’s entitled to anything. Pre-nap may be unenforceable enforceable because they were no attorneys involved please contact my office but a case like this retainer would be 3500 my office number is... Read more »

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1 Answer | Asked in Divorce, Employment Law, Family Law and Domestic Violence for California on
Q: How can i protect myself from my husband?

Hi,

I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 6, 2020

It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: I married &moved with my husband in 2019 leaving my job(no income) what financial comp/support can I ask after divorce

I am currently completely dependant financially on him, since I dont have a work permit in the US. Also for the wedding it was agreed that we split expenses which never happened, I and my parents ended up paying for everything.

We don't have any children together.

Chris M. Bradford
Chris M. Bradford answered on Jul 5, 2020

In the divorce you can ask for spousal support, formerly known as alimony. Spousal support for a marriage less than ten years can be paid for up to half the length of the marriage. For example if you were married before separation for 20 months you can ask for spousal support for up to 10 months.... Read more »

3 Answers | Asked in Divorce for California on
Q: Hi, Thank you for your help in advance. I am looking to file for divorce and looking for an attorney to help me.

We have one child and own a home. I really need to know where to start with a goal of needing the equity from our home to make this change in my life. Hope for guidance as to how to get started to not make a mistake along the way.

Chris M. Bradford
Chris M. Bradford answered on Jul 3, 2020

If you live in Petaluma, always good to hire a local attorney near Petaluma. Best advice, call a minimum of 3 attorneys. Go for a first interview only. Don't sign up until you have talked to at least 3. Then decide. There will be pressure to sign up. But take your time. You will be surprised... Read more »

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1 Answer | Asked in Criminal Law, Divorce and DUI / DWI for California on
Q: Is it illegal to pay a court clerk to inform you when a celebrity court case is filed?
Maurice Mandel II
Maurice Mandel II answered on Jul 2, 2020

The law prohibits paying a public employee of any kind for them to provide you with personal services not available to the general public. This is called bribery. Both the person paying and the recipient are committing a crime.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Criminal Law, Divorce, DUI / DWI and Small Claims for California on
Q: Is there a way to get alerted when a celebrity court case is filed?
Dale S. Gribow
Dale S. Gribow answered on Jul 1, 2020

not that i know of.

my job was usually keeping the press away when celebs got arrested....

sometimes the police, Clerks or DA would notify press

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1 Answer | Asked in Divorce for California on
Q: Going through a divorce. We both have legal guardianship of my great niece. Do I put her on my divorce papers?

She is not adopted but we have had her for 10 years.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

You don't list her on the divorce as your child because she isn't. You are only the guardians. You should still let the divorce judge know by listing the fact that you are the guardians on the "other" box on your divorce papers. The judge in the divorce needs to know the... Read more »

1 Answer | Asked in Divorce for California on
Q: My husband's lawyer subpoaned my mom's business for her employment records. Can't they just subpoena the payroll service

I work for my mom-my husband subpoenaed her small business for the payroll records and credit card statements.

Can't his lawyer go ahead and subpoena the payroll service and credit card company?

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

If you think the subpena is asking for too many things, you would be making a claim that the subpena is "overly broad." You should discuss this with your own attorney. In certain situations an objection can be made to stop it or "limit" the subpena. It is not recommended that... Read more »

1 Answer | Asked in Divorce and Tax Law for California on
Q: Can I still claim my stimulus check money if I filed my taxes in 2018 but left the US after that?

I reside outside of the U.S. right now, however, my ex-husband (though he is still working on his divorce papers) got the check through our old joint bank account and refuses to send it to me.

He explains that since I am not physically in the U.S. he can not send my check to me and he... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

You say you "ex-husband" is working on his divorce papers. Does that mean he is working on the divorce papers from you? The divorce papers that he or you filed in California? If the California divorce is not finished between you and him, then he is not your ex-husband yet. It sounds... Read more »

2 Answers | Asked in Divorce and Family Law for California on
Q: Hello, I want to make a mutual legal agreement/document with my spouse. Do I need a family lawyer or a mediator?
Mike Darlington
Mike Darlington answered on Jun 17, 2020

You should use a family law attorney. An agreement outside the court in a mediator's office has no legal significance until approved by the court.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce in California

If I have finished transfer the money in my bank account to someone else under their title to minimize the amount of money split with my wife when divorced and I want to file a divorce after that, how long does it legally take for the transfer to take place so that if the divorce is successful, the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 15, 2020

That’s fraud and breach of fiduciary duty for which you can be sanctioned.

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1 Answer | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for California on
Q: Can i record an abstract on a partial judgement on reserved issues that hasnt been finalized

I recorded a partial judgement on reserved issues that wasnt the final judgement ....what should i do?

Nathan Wirtschafter
Nathan Wirtschafter answered on Jun 14, 2020

Generally, an abstract of judgment is issued and recorded on the final judgment.

However, in certain circumstances, the clerk of the court will issue an abstract on a partial judgment. See Lucky United v. Lee (2010) 185 Cal.App.4th 125, 131, 142 (clerk issued abstract of judgment and...
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1 Answer | Asked in Family Law, Divorce and Social Security for California on
Q: If I file a legal separation andcmy husband receives SSI benefits, can I receive some of his Income?

I have been married 23 years.

Mike Darlington
Mike Darlington answered on Jun 10, 2020

Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.

If you end up being able to draw under your husband's social security...
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1 Answer | Asked in Divorce, Family Law and Tax Law for California on
Q: Do I have to report spousal support arrears I received that was ordered to be paid to me in 2019?

I receive spousal support under a 2016 temporary support order. The divorce is still pending. I know I need to report that income on my tax returns since that order is from before 2019. However, in 2019 my spouse was found in contempt of court for failure to pay support and was ordered to pay me a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

Any money you receive from any source must be reported to the IRS in the tax year that you received it.

1 Answer | Asked in Child Support, Divorce and Real Estate Law for California on
Q: A lien has been put on my home for child support my ex owes. How can this be removed?
Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 27, 2020

It can be removed by paying the exact amount and a fee for the removal of the lien. Usually there is a number you can call to remove the lien.

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