He has been married 5 years. She's mean to him. He is very tight on money with a mortgage plus accumulated debt over some years. His wife works in real estate and has a degree; she is very employable and currently still sells a house once in awhile. He is worried he will have to pay her... Read more »
answered on Mar 27, 2023
Every case is different. Varying circumstances impact whether someone gets spousal support and for what duration. There are numerous statutory factors considered. I don't know what has been discussed during these consultations or what information was missing from the consults that made it... Read more »
Both my husband and I are citizens of Brazil. We got married there in 2014. We hold real property in Brazil. We entered the US in 2018 as tourists and stayed. We are out of status. We have been residents of CA for 5 years. We only hold personal property here. For immigration purposes, should we get... Read more »
answered on Mar 27, 2023
I can't speak to immigration issues, but as far as where you can file for divorce generally speaking, you can file in CA as long as you meet the residency requirements. Since you have lived in CA for the last 5 years, it sounds like you can file in CA which requires you live in CA for 6... Read more »
Bought & sold 2 homes together. Mother in law was/is RE Agt. Now I find info stating only HE sold a TL of3 properties during separation. Should I pursue this?
answered on Mar 26, 2023
If you discovered that your name was not on the titles of two homes that you bought with your spouse during the divorce process, you should discuss this with your divorce attorney to determine the best course of action.
In California, property acquired during marriage is generally... Read more »
The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail... Read more »
answered on Mar 25, 2023
If you have been served with a Temporary Restraining Order (TRO) in California, you generally have only five (5) calendar days from the date you were served to file an "Answer to Temporary Restraining Order" (Form DV-120) and serve a copy of your answer on the petitioner. The answer must... Read more »
So is there a way to get a hearing to get my money and my personal jewelry back before the house and our business trial in August. I have been patiently waiting for my money and jewelry and it’s taking a toll on my mental health and need access to my funds immediately and my separate jewelry back... Read more »
answered on Mar 24, 2023
If you have separate property, such as money or jewelry, that you believe was taken from you by your ex-spouse, you may be able to file a motion with the court to recover those items before the property distribution trial in August.
In California, you can file a motion for a temporary... Read more »
Now going thru divorce and requesting alimony for 2 years active marriage. He has an attorney who disagrees im self represented as I cant afford an attorney. Courts want a Brief & Meet and Confer before court on April 26. I have not known where he has resided or had much contact with him since... Read more »
answered on Mar 24, 2023
As you are representing yourself in the divorce proceedings, it is important to understand your rights and options regarding alimony and division of assets.
In California, spousal support (alimony) is typically awarded based on a variety of factors, including the length of the marriage, the... Read more »
I need some advice
answered on Mar 24, 2023
If you have filed for divorce and you have children with your soon-to-be-ex-spouse, there are several important things to consider when it comes to child custody.
First, it's important to understand that in California, there are two types of custody: legal custody and physical custody.... Read more »
So my ex wife s lawyer wrote me a email saying that his client is willing to return my jewelry that i requested to get back from her that she originally said she didn’t have under oath. Now he’s claiming he did not mean that, he meant that he will ask his client if she has my jewelry. His... Read more »
answered on Mar 23, 2023
It is possible for a lawyer to clarify or amend the meaning of a communication, including an email, if they realize that their original message was unclear or unintentionally misleading. However, it is important for the lawyer to do so in a timely and clear manner, and to provide a valid... Read more »
My mom and father are going through a divorce that’s not finalized. They co own the house my brother (15) and I (21) live in. I pay rent and have a rental agreement. She never asked us if we were comfortable with it and we aren’t. He does whatever he wants and is so loud all night on school... Read more »
answered on Mar 22, 2023
As co-owners of the house, both your mom and dad have the right to use and occupy the property. However, your mom cannot unilaterally decide to move her boyfriend into the house without considering the rights of the other co-owner (in this case, your dad) or the interests of the other occupants of... Read more »
Ex refuses to respond to my requests for division of property.
answered on Mar 21, 2023
If your ex-spouse is refusing to respond to your requests for division of property in your divorce case, there are several steps you can take to try to resolve the issue:
Send a formal demand letter: You may want to send a formal demand letter to your ex-spouse requesting that they respond... Read more »
Petitioner’s lawyer failed to file QDROs on respondent’s defined benefit retirement plans. Marriage was bifurcated due to age and health of both respondent and petitioner. Judge’s orders on the bifurcation stated that QDROs needed to be filed all retirement plans. A year later, no QDROs... Read more »
answered on Mar 18, 2023
In California, family courts have the authority to divide retirement benefits in divorce cases using a qualified domestic relations order (QDRO). A QDRO is a court order that allows the non-employee spouse to receive a portion of the employee's retirement benefits. If a QDRO is not properly... Read more »
My ex-wife and I have a consensual divorce and we don't want to provide this personal information to the court, is that possible or is it a mandatory information?
answered on Mar 17, 2023
As a general principle, courts may require parties to provide information necessary to make a fair and informed decision regarding property division in a divorce.
Regarding your question about whether you can write "parties intend to enter into a full written agreement" under the... Read more »
Cars, credit cards and joint bank account. What do I have to do now to fix that?
answered on Mar 15, 2023
If you have already submitted the FL-100 form but later realized that you made an error by stating that you and your ex-wife do not have any assets or debts to declare, you will need to correct this information by filing an amended FL-100 form.
To file an amended FL-100 form, you will need... Read more »
I filed for divorce and missed the court date. I haven't heard anything from the courts so I do not know what to do next? I want to continue with the divorce
answered on Mar 15, 2023
If you missed the court date for your divorce case, it is important that you take action as soon as possible to address the situation. Here are some steps you can take:
Contact the court: You should contact the court where your divorce case was filed as soon as possible to find out what... Read more »
The husband filed the divorce in Sacramento County. His wife, and my daughter lives with me in Ukiah, CA. My daughter has no money so we are very scared and don’t know where to go. If you could tell us where to go to get help, it would be greatly appreciated.
Thank you
answered on Mar 14, 2023
If the divorce was filed in Sacramento County, it generally needs to be handled through the courts in that county. However, your daughter may be able to petition the court to transfer the case to the county where she resides, especially if it would cause undue hardship for her to travel to... Read more »
My wife filed a Domestic Violence Temporary Restraining Order (DV TRO) against me in Van Nuys, and I was served. I also filed an FL-100 in LA, which is in the same county but has not been served yet. Can I request a case transfer by filing an RFO to Van nuys court even if the FL-100 has not been... Read more »
answered on Mar 14, 2023
It is possible to request a case transfer from one courthouse to another, but the specific process and requirements will depend on the rules and procedures of the court where your case is currently pending.
In general, you may be able to file a motion or request for order (RFO) to transfer... Read more »
Been married for 25 years have 3 mutual children
answered on Mar 14, 2023
Whether or not it's possible to reopen a divorce agreement to reinstate spousal support will depend on the specific circumstances of your case and the laws in your jurisdiction.
In general, if there has been a substantial change in circumstances since the divorce agreement was... Read more »
My wife served me with a TRO in A court, and in response, I filed an FL-100 at B court, which is also in LA county. I filed an ex parte request to transfer the TRO to my divorce case today, and it was granted. However, I was told by the court to serve the TRO to my wife as soon as possible, but I... Read more »
answered on Mar 14, 2023
It's important to follow the court's instructions and serve the TRO to your wife as soon as possible, even if you do not know her whereabouts. If you are unable to serve her personally, you may be able to use substitute service methods such as serving her by mail or email, as long as you... Read more »
I entered into a loan with a family member as we had just purchased a new house and needed the extra cash to pay for credit card bills used to furnish the home. We used the money that was borrowed to pay down on both of our credit card bills with the intent of paying back that family member. My... Read more »
answered on Mar 14, 2023
In general, if a loan was taken out during the marriage and the funds were used for joint expenses, such as furnishing a home, the loan would typically be considered a joint debt in a divorce proceeding. This means that both spouses would be responsible for paying back the loan, regardless of which... Read more »
And stay there for 3 weeks somthimes more her mom takes care of my kids and l pay her for the food what can l do
answered on Mar 13, 2023
If you are concerned about your ex-wife's decisions regarding your children and her frequent trips out of the country, you may want to consider talking to a family lawyer about your legal rights as a parent. You may be able to seek a modification of your custody agreement to increase your... Read more »
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