Lawyers, Answer Questions  & Get Points Log In
California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: Can someone PLEASE explain this in English term? Thank you

Establishing separate property of a spouse If this instrument establishes the real estate as one spouse’s separate property, such as a spouse signing a quitclaim deed to the property. “This conveyance establishes sole and separate property of a spouse. R&T 11911” OR “It is the express... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

This looks like a conveyance, part of a deed, between a married couple. California is a community property state, and property acquired marriage belongs to the community, basically the marital unit, both spouses. This is one spouse deeding their half to the other spouse as just their own separate... Read more »

1 Answer | Asked in Divorce for California on
Q: My divorce attorney never went to court for me, never filed anything on my behalf, only collected money from my ex!

Can I sue for Legal Malpractice? I have already been assigned an investigator by the state board of ethics. My lawyer never filed for Alimony although I was a housewife for 19 years. My ex-husbands Anuity and retirement is to be split equally between us yet I have not received anything as of... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 10, 2019

Wait to see what the outcome of the ethics committee investigation is.

1 Answer | Asked in Divorce and Health Care Law for California on
Q: I am filing divorce papers and my spouse is threatening to remove me from his health insurance during open enrollment

Is there anything to stop this?

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 29, 2019

Once you file for divorce and serve him with the summons and petition, he will subject to the temporary restraining orders that are listed on the second page of the summons. Once he is served with the summons he will be restrained from removing you from his insurance. That's your protection, so... Read more »

1 Answer | Asked in Family Law, Bankruptcy and Divorce for California on
Q: I am a Grandmother I want to have visitation with my Grandchildren.Thier Mother doesn't let me or my Son see them

She is may be on drugs she is married to my son she has a boyfriend canmy son get help can I see my Granddaughters

Timothy Denison
Timothy Denison answered on Oct 16, 2019

Your rights are derived from your sons rights. You should have your son take her back to court for a parenting schedule and to enforce parenting time. Then you can see them during his parenting time.

1 Answer | Asked in Criminal Law, Divorce and Immigration Law for California on
Q: Hello, I am so glad I am finally writing this message. I have a very strong case against someone and I need your help

I have a very strong case against someone and need your help please

Dale S. Gribow
Dale S. Gribow answered on Oct 3, 2019

much more info needed.

i handle accidents and DUI in the greater palm springs area........is it that area of law in that location?

prepare a detailed summary so that you can forward it to the lawyer with whom you are going to talk...but not on this open forum that anyone can read.

1 Answer | Asked in Domestic Violence and Divorce for California on
Q: Own my business and do not have employees I am order to do 56 domestic classes. Can I somehow do it on line? Cant close
Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2019

more info needed.

unless the judge orders/approves........NO

have your lawyer put the matter back on the calendar for a modification of your sentence. Maybe having your lawyer talk to the deputy DA first to explain your circumstances.

1 Answer | Asked in Divorce and Immigration Law for California on
Q: After marring my husband he decided not to proceed with the process of applying for my permanent residence...?

Hello I have been living in the US for almost 10years now. I came in with a k1- fiance visa. I married my husband within the 90 day period. After marring my husband he decided not to proceed with the process of applying for my permanent residence (adjustment of status). We had our 2 children... Read more »

Kyle Persaud
Kyle Persaud answered on Aug 20, 2019

You are the victim of spousal abuse. The Violence Against Women Act (VAWA) will allow you to apply for a green card without your abusive spouse petitioning for you. This process exists so that non-citizens will not have to be dependent on an abusive spouse, in order to stay in the U.S.

To...
Read more »

1 Answer | Asked in Employment Law and Divorce for California on
Q: My husband hired the best friend of the woman he had an affair with to work in our office. She has access to financial

Info. Can I fire her even if he doesn't want to? I think it's a conflict isnt it?

Neil Pedersen
Neil Pedersen answered on Aug 14, 2019

Whether you have the authority to fire this person is something that no one here can know without a lot more information. Her employer, or an authorized representative of her employer has that power. More would therefore need to be known about the form of the business, your and your husband's... Read more »

1 Answer | Asked in Divorce and Health Care Law for California on
Q: Can a judge order health insurance to continue after divorce (on same plan)?

If spouse had consistently provided health insurance to me during the marriage, could a judge order it to continue after divorce (or is it common for a judge to do so)? Ins policy language states that divorce would remove me, but I've heard that it might be possible. Otherwise I assume I would... Read more »

Angeles Susi Carrion
Angeles Susi Carrion answered on Aug 1, 2019

The health insurance coverage under your spouse's plan would terminate once divorce is final. That coverage is governed by the insurance company. Typically, the insurance company will provide you with COBRA information once they are notified of final dissolution which allows you to choose to... Read more »

1 Answer | Asked in Divorce for California on
Q: I need help understanding my rights if my husband has decided to pay me less then our MSA states

We created an MSA. He lost his job so we verbally decided to lower the payment temporarily. He now wants to lower it again without my consent. I dont know how to get him to pay me what we agreed on

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 1, 2019

Informal agreements are not court orders. If you want something enforceable you need to get a court order or judgment. If what you have is a court order or part of a judgment then it should not be modified informally and only modified by a new court order.

1 Answer | Asked in Divorce and Family Law for California on
Q: Long term marriage divorced in 2005. Paying spousal since separation. No QDRO in place.

No stipulations in final decree regarding retirement. Retiring soon. Will I have to pay spousal after retirement?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 29, 2019

You pay support in accordance with your court orders or judgment until those orders are modified by a new or subsequent order.

1 Answer | Asked in Divorce and Family Law for California on
Q: I was served with divorce papers twice at work, is that improper service? She's trying to make me lose time.

She filed in Riverside CA but just moved there. Can I ask for an RFO TO QUASH PROCEEDINGS FOR LCK OF JURISDICTION

Andy Cook
Andy Cook answered on May 28, 2019

The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this,... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: Hello, during a divorce if my spouse is working and I'm not, can I have her pay for my legal expenses?

I was the one supporting the both of us while together. I had to stop working and she (finally) got a job when we separated.

I also have recordings of her cheating, stealing from me, tampering with my food with his bodily fluids, and talking about ways to kill me, with her saying "I could... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 22, 2019

more info needed and you should be sharing the info with a family law attorney not on a criminal attorney list.

you need a lawyer to go over all the facts and give you some guidance and not shooting from the hips.

1 Answer | Asked in Divorce for California on
Q: I have some questions regarding a divorce
Andy Cook
Andy Cook answered on Apr 21, 2019

Just call 619-515-9900 for a free consultation any time.

1 Answer | Asked in Divorce for California on
Q: Did I make a mistake? I left my husband almost a year ago to move from cali to Ny.

Did I make a mistake? I left my husband almost a year ago to move from cali to Ny. I started filing for divorce in September and to avoid him getting my 401k I withdrew it all that December. I took a big tax and penalty hit on it. He still has not signed any divorce agreements yet. Am I in the... Read more »

Andy Cook
Andy Cook answered on Apr 15, 2019

I need more information. Where was the divorce filed, or has it been filed. You mention "divorce agreements" but I'm not sure what that means. How long have you been married and when did you start the 401K?

1 Answer | Asked in Divorce for California on
Q: How to domesticate an out of state divorce decree in California
Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 13, 2019

Depends on why you are asking. A judgment of divorce that is valid in the state in which it was given, is valid in California. You do not have to do anything. If there is something about the divorce judgment that needs enforcement here in California (such as a modification of spousal or child... Read more »

1 Answer | Asked in Divorce for California on
Q: I got married in Pennsylvania and moved to California 3 years ago. Now separated. Do we need to file divorce?

Her attorney said no because our license isn’t recognized here in ca. Which is why they didn’t let her change her name on her drivers license, even though her SS card was changed.

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 1, 2019

A valid marriage in Pennsylvania is valid here. I would be very concerned about a lawyer who states otherwise. If you were legally married in Pennsylvania your married is legally valid here in California. If you want to be divorced, then yes, you need to file for divorce.

1 Answer | Asked in Divorce and Family Law for California on
Q: Wife's attorney is stonewalling requests for documents, though the judge asked us to reconcile -if not he will decide.

I sent Form intorogatories and later 1st meet and confer letter.

Wife''s attorney declined to produce financial documents that I asked such as bank statements, retirement current paystubs etc. (California -full disclousure).

Each paragraph answered: I took diligence and was unable... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 30, 2019

Your remedy for failure to respond to discovery or failure to provide further responses after a meet and confer is to file a motion to compel, assuming you have missed the deadline to do so.

1 Answer | Asked in Divorce and Child Custody for California on
Q: Good afternoon, recently i was served divorce papers along with custody papers. I have no idea what to say or do. HELP?
Vernon Charles Tucker
Vernon Charles Tucker answered on Mar 26, 2019

You need to first note how you were served. Was it personal service or served on someone else which is commonly known as sub service? Was the service valid?

The reason why this is important is because it controls when your responsive pleading is due. Which will either be thirty (30) or...
Read more »

1 Answer | Asked in Divorce for California on
Q: Wife's attorney ignored my Form Interogatories, and my Meet And Confer letter. What's next:Discovery?or Order to Compel?

My wife's attorney did not provide bank statements/checking/savings/401k any of these in their disclosure. (California-full disclosure state) I requested them thru Form Interrogatories -deadline passed he did not answer, then I wrote follow-up email -he did not answer, then I sent Meet and... Read more »

Andy Cook
Andy Cook answered on Mar 26, 2019

Probably do a motion to compel if more than 30 days have gone by since the discovery demands were served by someone other than you over the age of 18 and not a party to the action.

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.