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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: House belonged to my my wife before marriage, her asset. But what about the increase in value? Is it community property?

I paid half of the bills while I lived in her house. We were married for just under a year and a half. No prenup.

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

There are two cases, usually stated together as MOORE/MARSDEN. That decision sets for the authority for permitting a party to have an interest in a separate property home that received payments during marriage with community funds. You can look up this information, but it is best to get the advice... Read more »

1 Answer | Asked in Divorce, Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for California on
Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement

After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... Read more »

2 Answers | Asked in Divorce for California on
Q: Married but separated over 10 yrs can I get a dissolution what's best way for me to go

We have no kids or property together

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 27, 2020

You'll need to file a Petition and summons, and have it served on your spouse. You'll still need to wait 6 months after the date of service to request a Judgment of Dissolution. You will need to comply with all disclosure requirements, as well. Best advise, get a paperback book on how to do your... Read more »

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2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: I had a DV case that I pleaded down to simple battery and was wondering what the judge will do?

More for alimony and child support. she makes a little bit more than I do and we split the kids her about 65% and me 35%. Married for 5 years but the DV case is my biggest worry. I make 16/hr she makes 17/hr we both work about the same amount of hours per week.

Thank you. Here is more... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 25, 2020

That depends on what case you are talking about. The battery will get you a 52 week batterer's treatment program and probation (plus other orders, such as a criminal protective order-be sure to request an exception for peaceful contact for exchange of children per a family court order)

If...
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2 Answers | Asked in Divorce, Estate Planning and Probate for California on
Q: My mother in law died and left my husband and I over $200k. She didn’t put my name on the account.

Before passing, she showed me how to access the account and that she was glad it would help us. My husband didn’t know about the account value until I told him about it after she died. His grief pushed him over the edge, he got a girlfriend and left me after obtaining this account. Divorce has... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 20, 2020

If she never put your name on the account and never left it to you in a Will or Trust, then it belongs to him and him alone. Any inheritance like that is Separate Property and not Community Property, so you do not have any rights to it.

Sorry.

But if you are hiring a divorce...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Will I get my share of retirement funds if I’m not the beneficiary?

My spouse and I are separated and he has given me a spousal consent form to remove me from his retirement funds as the beneficiary. We’re going to be divorcing. If I sign do I not get any of the retirement? We have a child together. Not sure if I should sign them or not.

Mike Darlington
Mike Darlington answered on Mar 12, 2020

There are a lot of details missing which makes it hard to give you definitive response. However, it is not in your best interest to sign the consent form at this time. If the retirement, or any part of it, was earned during the marriage you are entitled to one-half of the community share. As... Read more »

1 Answer | Asked in Divorce for California on
Q: Are QDRO's required even if both parties waived rights to retirement accounts in Marital Settlement Agreement?

We jointly stipulated in the MSA that we waive all rights and claims to the other's retirement plan. Basically, each is leaving with their own retirement.

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 12, 2020

You only need a QDRO if an account is being divided. If division has been waived, then a QDRO is not necessary. The employer (or plan adminsitrator) likely has a form that needs to be filled out and signed indicating that the alternate payee's rights have been waived.

1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: How can I prove that my estranged husband is lying about his rent payment where he lives with his aunt?

He states in court papers he pays $900 but I know he only pays $200

Mike Darlington
Mike Darlington answered on Mar 11, 2020

This may be a little complex, but first request the production of all cancelled checks or cash payments receipts for rent for the period of time in question. Analyzing the requested information may require skills you do not currently possess, such as sequential numbers on printed receipts etc.... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My husband's 16yr old decided she would like to live with her mother full time. Can his ex get more child support?

There are no rules at her mother's compared to our structured home. Her mother has bad-mouthed my husband since his daughter was 6 yrs old. Now, the daughter has this "Eff-U" attitude towards her father. The reason for her decision to stay at her mom's was that she was happier there. Of course,... Read more »

Mike Darlington
Mike Darlington answered on Mar 9, 2020

She will certainly have the right to request more support. I do not have any financial information that would allow me to indicate whether she would be successful or not, but considering he is already paying support it would seem likely.

The courts do not look into the reason why she wants...
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1 Answer | Asked in Divorce for California on
Q: I married my partner in 2009 in Massachusetts we moved to California the same year he then left. Is the law 50/50?

At the time he left he owed me 20k which he said he would pay me and never did if I file can I get that money back?

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

Out of state marriages are usually enforceable in California; primarily because California's laws are very liberal and confirms out of state marriages that were valid in the foreign state.

That being said, California is a community property state where the effect is earnings and...
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1 Answer | Asked in Divorce and Military Law for California on
Q: I filed for divorce in orange county, CA but my husband is military and didnt respond. Hes not deployed.

I filed and served him back in November. But because he is military, I am unable to get it sent to default, and I'm not sure what the next steps are to get it finished

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 3, 2020

The Court can be asked to appoint an attorney to represent him under the Soldiers and Sailors Act. That attorney will ensure his rights are protected and so you can proceed with getting all your issues resolved. That he is not deployed is a good thing, as he will be available to testify in case a... Read more »

1 Answer | Asked in Divorce for California on
Q: I've been married 11 years and moved into my husbands house at that time. Am I entitled to any appreciation of the home?

Only his name is on the title to the property.

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 21, 2020

Whose name is on title is not the issue. If the house was purchased by your husband before you two got married, that house is his separate property. If during the marriage mortgage payments were made, the assumption would be that those mortgage payments came from community property income. The... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: ELDER MALE, 90 LAST APRIL2020. WIFE HAS $3700 MONTHLY ANUITY INCOME VS MY SOC. SEC $2000. Can I receive almony?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

You have left too many questions unanswered to determine that. Such as length of marriage, how long separated, when separated etc. However, is you would get a spousal support award based on the difference in incomes it would probably be a minimal award.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can a 13 year old deny going with her parent when the other parent allowed for staying at a friend's house?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.

The simple answer to that is, "no, they do not." Unless there is some kind of provision in the...
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2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: Will I need to notify my daughter's father that I am trying to get her resident visa in another country?

I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't seen... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to contact a family law attorney to analyze the possibility of complications in your quest for status in a foreign country for your child.

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1 Answer | Asked in Divorce and Family Law for California on
Q: my Ex will do anything to stop me and my daughters from moving in with my new partner what can I do?

I’ve been divorced for a year. I have two daughters ages 10&13. I’m getting ready to move in with my boyfriend. I am not moving out of state or out of city . what can I do to secure my shared custody of my daughters? My ex doesn’t pay child support or alimony. My ex is unhappy about the... Read more »

Mike Darlington
Mike Darlington answered on Feb 10, 2020

If there are custody orders concerning time share of your children between you and your ex and they do not specifically exclude you moving in with your boyfriend (or have some provision concerning the inclusion of a new significant other with your children) then you can do so. I would suggest you... Read more »

1 Answer | Asked in Divorce for California on
Q: When filing a divorce what happen if the man was an still married an remarriaged
Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 5, 2020

You need to re-ask your question using complete sentences. The question as phrased is unclear.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: So I am in a divorce and custody case. My ex filed divorce and custody papers but I have never been served

My ex wife filed for divorce and custody. It has been 3 weeks and I have not been served yet. But she is telling me that there is a court date. I am not sure what to do

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Check with the family law clerk in the courthouse where the action would have been filed.

If there is anything filed and a court date then they can give you all that information as well as a copy of the paperwork she filed. Don't wait to be served as there may be something that you might...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Separated,am I respnsble for 1/2 hse pmt on top of my new rent? is this smthng that needs to be reslvd b4 movng out?

Wife will be occupying our home until we decide resolution

Mike Darlington
Mike Darlington answered on Feb 3, 2020

The short answer is that you are responsible for half the house payment. Conversely, you are entitled to half of the fair rental value - which is usually largely a push. However, there are a lot of rules that apply to these situations and each case is different so you need to get a consultation... Read more »

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