California Divorce Questions & Answers

Q: Per the divorce decree, ex must pay half of jointly owned home value upon her relocation. He won't cooperate. Now what?

1 Answer | Asked in Probate and Divorce for California on
Answered on May 29, 2017

Without expressing any opinion on the validity of the underlying obligation, in general, an executor gathers together all the assets of the estate. Sometimes that involves filing suit against those who owe debts to the decedent. Nevertheless, it may not be a good idea to wait, and your aunt should be dealing with this now, even though she is afraid.
View Details »

Q: Cooling off period ? Can I remarry right away in another state once I receive my default judgment approval filed in CA

1 Answer | Asked in Divorce for California on
Answered on May 27, 2017

As far as I know, there is no "cooling off period" regarding dissolution of marriage in California. Never heard of such a thing.

You can remarry only after you have been given a judgment dissolving your marriage. Usually that happens in court during the default prove up, when the judge asks you a series of questions to satisfy the court that the jurisdictional requirements for dissolution of marriage have been met. Only then are you officially divorced. So don't jump the gun on a Las...
View Details »

Q: My wife filed for an uncontested Divorce that was finalized 12/15. There was no property claim. Trying to refinance now

2 Answers | Asked in Divorce for California on
Answered on May 27, 2017

That should have been filed in the divorce case. You can contact the court clerk for a copy. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
View Details »

Q: Is there any cases in California where the judge awards custody of a minor back to non custodial parent?

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Answered on May 27, 2017

Sure, but it depends on the facts in your case. You can start at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
View Details »

Q: Can I sue my ex for the $17,000. I loaned to him on his antique car. We married 6/11/2007. Loan was 5/21/2007.

1 Answer | Asked in Personal Injury, Divorce and Family Law for California on
Answered on May 26, 2017

It sounds like you're past the statute of limitations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
View Details »

Q: Do I have to sign divorce papers that have been served to me?

1 Answer | Asked in Divorce for California on
Answered on May 26, 2017

You would need to reply to them in a timely and proper manner. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: We are a couple married overseas before moving to the US.

1 Answer | Asked in Divorce for California on
Answered on May 26, 2017

Divorces in other nations are typically recognized here as well. The divorce would only be challenged in the court where it's filed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
View Details »

Q: My boyfriend got in a argument with his whole family and he hit his sister boyfriend with a bottle

1 Answer | Asked in Business Law, Divorce and Domestic Violence for California on
Answered on May 26, 2017

He may face felony assault/ battery charges, and the sentence depends in part on his priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
View Details »

Q: what forms do i need in order to start the divorce process? is there a simple divorce packet available in PDF form?

2 Answers | Asked in Divorce and Family Law for California on
Answered on May 26, 2017

You should consider hiring an attorney, even via Limited Scope Representation, especially in a divorce with kids. Sample online forms are available via the CA courts website or at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com....
View Details »

Q: Me and my ex-wife have a divorce agreement but she won't go by it . Are there any repercussions for this?

1 Answer | Asked in Divorce for California on
Answered on May 24, 2017

If she is violating court orders, you can file a motion for contempt. If you disagree about the appraisals, you can object in court if still timely. If the case is finalized though, you might have a basis for appeal, if time remains. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
View Details »

Q: What forms need to be filed next to finalize divorce? Husband served wife and she didn't respond.

1 Answer | Asked in Divorce and Family Law for California on
Answered on May 24, 2017

A paralegal cannot provide attorney services. It sounds like you two need attorneys to help you divorce. If you're amicable, a collaborative divorce may suit you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in...
View Details »

Q: Custodial parent in prison. Does the non custodial parent have good chance to gain custody back?

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Answered on May 24, 2017

It depends on whether custody is in the child's best interests. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: How do i go about getting a divorce if I have no idea where he's at?

1 Answer | Asked in Divorce for California on
Answered on May 24, 2017

You may need to request permission of the court to serve him via publication. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
View Details »

Q: Am I entitled to assets in a trust after divorce?

2 Answers | Asked in Divorce for California on
Answered on May 24, 2017

You are entitled to one half of the community estate acquired during the marriage in the event of a divorce. Gifts to the community estate are treated differently than the income of each spouse. You do not acquire an interest in your mother-in-law's trust unless she gives it to you.

However, in the event of divorce, whether you may have an entitlement to continue to reside in the family home will depend on many factors. You will need the assistance of a good family law attorney to make...
View Details »

Q: How and who can file substitution of attorney so I can represent myself for child custody

2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Answered on May 22, 2017

Your attorney should prepare a substitution of attorney. If the attorney won't, ask why he or she won't prepare one. You can also prepare one by searching California Judicial Council Forms MC 050 and prepare it yourself. Send it to the lawyer for his or her signature. Document your efforts because the court won't generally let you file paperwork if the attorney is still on the case. Consult with another local family lawyer.
View Details »

Q: married in 1998 , divorced in 2014 but reconciled and got married again. Now i want to file for divorce.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Answered on May 22, 2017

See my answer to your prior identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
View Details »

Q: married in 1998 , divorced in 2014 but reconciled and got married again. Now i want to file for divorce.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Answered on May 22, 2017

You can certainly file for divorce, but it's best to use an attorney given these circumstances. You may try to count the entire term of marriage, and an attorney should carefully craft related arguments. If he flees, you may be able to nonetheless attach his assets if need be. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and...
View Details »

Q: Spousal support wife makes 52000 a year I make 7000 a year how much spousal support does my wife have to p

1 Answer | Asked in Divorce for California on
Answered on May 20, 2017

It depends on the length of your marriage and other related factors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
View Details »

Q: I have a divorce case in california and I work in New York. Can I attend the case on phone. I am unable to travel

3 Answers | Asked in Divorce for California on
Answered on May 19, 2017

Your California lawyer is the one to ask.
View Details »

Q: i got married in Las Vegas and now live in California...where do I file for divorce?

2 Answers | Asked in Divorce for California on
Answered on May 19, 2017

Either you or your spouse must have lived in California for at least the last 6 months and the county where you plan to file the divorce for the last 3 months. The link to the court's website is attached providing more information. More facts are required to provide a thorough analysis. Consider a consultation with a local family law attorney. Most offer a free initial consultation. You may benefit from limited scope representation instead of fully retained representation to save money...
View Details »

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.