California Divorce Questions & Answers

Q: If I open an individual checking during a divorce, & all the money in it is from after she left, can she still get half?

1 Answer | Asked in Divorce for California on Sep 3, 2015

Answered on Sep 3, 2015

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Andy Chen's answer
No. If she has moved out and a divorce has been filed, then you\'re considered separated already, although still married. Statute (Family Code 771(a)) says that each spouse\'s earnings after separation are their separate property. If you take your current, post-separation salary and put it in to a newly-opened bank account, that account should only have separate property in it which means your wife does not get half.

Andy

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Q: Got divorce in Mexico, now she is asking me to pay her credit card debt

1 Answer | Asked in Bankruptcy, Divorce and Immigration Law for California on Sep 3, 2015

Answered on Sep 3, 2015

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Shan Dimitris Potts' answer
Do not worry, your green card will not be affected, and she can not take your green card away just like that. If you have had this green card for more than 5 years and you get divorced you may be able to apply for citizenship. Talk to an immigration attorney to help you with this process. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...

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Q: How long does it take for a person who married a Us Citizen to get permanent Green Card?

1 Answer | Asked in Divorce and Immigration Law for California on Aug 31, 2015

Answered on Aug 31, 2015

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Camlinh Nguyen Rogers' answer
The stated facts create a complex case.

Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com

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Q: my husband used me to get a green card and bring his child to the US and now left me what can i do?

1 Answer | Asked in Divorce, Family Law and Immigration Law for California on Aug 30, 2015

Answered on Aug 31, 2015

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Shan Dimitris Potts' answer
It depends on a few other things, and this is not something that can be discussed on a public forum such as this one. I suggest you talk to an immigration attorney in private. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you...

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Q: joint custody

1 Answer | Asked in Divorce for California on Aug 26, 2015

Answered on Aug 30, 2015

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Andy Chen's answer
Joint means custody is shared. It does not mean the custody has to be 50/50. Having the kids live with one parent during the week and then the other parent having visitation on the weekends is extremely common.

Andy

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Q: I filled out divorce questions online and went through but i had not paid yet how do i cancel that process ?

1 Answer | Asked in Divorce for California on Aug 29, 2015

Answered on Aug 30, 2015

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Andy Chen's answer
It may depend on the county in which you\'re in, but I am not aware of any county in California where a divorce can be filed online. You have to go to the family court in your county, bring the right forms, pay the $435 filing fee (or get a waiver) and then have the clerk stamp copies and give them back to you.

I don\'t know what you filled out online, but I don\'t think you actually started a case in which case there is nothing to cancel.

Andy

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Q: I'm just starting a divorce. My husband suddenly took my name off the truck 's title can i do anything about it

2 Answers | Asked in Divorce for California on Aug 18, 2015

Answered on Aug 25, 2015

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Andy Chen's answer
This could be a violation of the automatic temporary restraining order that goes in to effect whenever a divorce is filed. ATROS violations are illegal, but unfortunately, you need to go to court to let the judge know, get relief (e.g. one of the vehicles), etc. You will likely need a lawyer to help you as ATROS violations are fairly complex.

Andy

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Q: Divorce

1 Answer | Asked in Divorce for California on Aug 19, 2015

Answered on Aug 25, 2015

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Andy Chen's answer
You can certainly try to seek those things, but the one big fact that works against you is that you and he have been separated for so long already. You\'ll need to explain why, after 17 years, you have not become financially self-sustaining and instead want to rely on your husband.

Andy

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Q: how through a divorce

1 Answer | Asked in Divorce for California on Aug 20, 2015

Answered on Aug 25, 2015

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Andy Chen's answer
Joint custody means you and he each have 50% time with the kids over the course of a year. Thus, if he wants the kids every other weekend, then (I assume) you\'ll have them the other weekends. The same thing applies to holidays. You might have Christmas Eve and he gets Christmas Day, for example.

Andy

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Q: My wife now wants a divorce.

1 Answer | Asked in Divorce for California on Aug 14, 2015

Answered on Aug 15, 2015

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Andy Chen's answer
The annuity and house can be treated as separate items or as a single item. It depends on the mathematics of the situation. What often happens is an offset -- meaning that the dollar value of the assets each party receives works out to be identical and no assets need to be sold. For example, let's say the wife's share of the house is $300K. The house can be sold and the money divided and the wife will get her $300K. However, all the wife is entitled to is $300K -- she isn't technically entitled...

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Q: divorce by default with no agreement. my 401A opened when we were married. Will it be divided If he doesnt want it?

1 Answer | Asked in Divorce for California on Aug 11, 2015

Answered on Aug 15, 2015

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Gina Marie Famularo's answer
California is a community property state. That means all assets and all debts are jointly owned. However, if the two of you agree, either of you may waive this right. If the two of you were to go to court, the judge must divide the assets and debts accordingly. If you spouse does not want an asset, you can execute an agreement awarding you the entire property. Simply have your spouse notarize the agreement and the court will approve it.

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Q: am i eligible for my ex pensions after divorce?

1 Answer | Asked in Divorce for California on Aug 7, 2015

Answered on Aug 13, 2015

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Andy Chen's answer
It sounds like you're out of luck as you didn't contest the divorce and didn't challenge the now-judgment before it was entered. There still might be something you can do, though. I'd recommend finding a lawyer in your area to help you as whatever path may exist going forward for you is likely to be pretty difficult.

Andy

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Q: I need a divorce lawyer

1 Answer | Asked in Divorce for California on Aug 10, 2015

Answered on Aug 13, 2015

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Andy Chen's answer
Your case seems to have many different aspects. It is best to find a divorce lawyer in your city or town in California. Your case is complex enough that it most likely cannot be addressed effectively via email or Internet communication.

I have had some divorce clients from India. The problem they usually run in to is with Hindu marriage law. I am not an expert on that by any stretch of the imagination, but it seems that unless the divorce is done in India, any subsequent marriage of...

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Q: How long does the petitioner have to serve the respondent. I am the respondent and the petitioner won't serve me.

1 Answer | Asked in Divorce for California on Aug 12, 2015

Answered on Aug 13, 2015

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Andy Chen's answer
I've never thought about it, but for regular civil cases, it's 60 days under the Rules of Court. I would guess it is probably longer for divorce cases since in family court, a lot of people are doing things themselves so the judges bend the rules more.

However, if she won't serve you, then she can't move forward with the case. It just sits there so you're not losing anything. I'd go to the court and check the file periodically to make sure she hasn't forged a proof of service of some...

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Q: My friend got married to a lady he had been dating for a few months on 4th of July, 2015 in Las Vegas NV.

1 Answer | Asked in Divorce for California on Jul 25, 2015

Answered on Jul 27, 2015

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Andy Chen's answer
There are many ways to end this marriage. Worst case, your friend files for divorce. Summary dissolution may be another. Annulment may be another as well. Divorce in CA is not difficult, but the path to finally being divorced twists and turns a lot depending on the facts of each individual situation.

California divorces involve a lot of paperwork, though, so your friend should be prepared for that. Preparing a tax return is the best analogy that comes to mind. Getting married in CA...

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Q: My unlce divorced my aunt in CA while she's not been in the US before. Is that legal?

1 Answer | Asked in Divorce for California on Jul 14, 2015

Answered on Jul 16, 2015

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Andy Chen's answer
Yes, provided your uncle met the residency requirements to file a case in California. If your uncle lied about something important (e.g. your aunt was served when she actually wasn't), then your aunt may be able to re-open the case.

Andy

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Q: Just moved back to California from Canada. How long do I have to wait to file for divorce. He still lives in Canada.

1 Answer | Asked in Divorce for California on May 12, 2015

Answered on May 16, 2015

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Andy Chen's answer
You have to live in CA for the 6 months immediately preceding the filing of the case. You have to live in the county in CA in which you file your case for the 3 months immediately preceding the filing of the case.

Andy

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Q: I divoce in Nevada week a go can I marry now in calfornia

1 Answer | Asked in Divorce for California on Jan 26, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
I don't know what Nevada's divorce procedure is, but I would guess that you need a judgment or decree of some kind signed by a Nevada judge before you are able to get married again. If you have such a judgment/decree, then you should be single. If you've just filed your case in Nevada, you probably aren't single yet. A lot of people in CA think that by merely filing their case, they become single. Getting divorced (in CA, at least) is a long process.

If you get married in CA while you...

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Q: I was married in costa rica in 2010 but i am gettin remarried next year do i have to do divorce papers here or in CR?

1 Answer | Asked in Divorce for California on Feb 25, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
Foreign marriages are recognized in California, assuming there was nothing wrong with the union (e.g. bride was forced, underage, etc) Thus, I would guess that under CA law, you are married which means you can't get remarried since it would be bigamous.

If you have lived in CA for at least 6 months and your county for at least 3, you can file for divorce in CA. You'd have to serve your Costa Rican husband somehow. It is possible you could do this through publication in Costa Rica....

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Q: I'm in ireland and I need to divorce my wife in california how do I divorce her

1 Answer | Asked in Divorce for California on Feb 21, 2015

Answered on Mar 5, 2015

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Andy Chen's answer
You can't file for divorce in CA. CA requires that the filing spouse have lived in CA for the 6 months preceding the filing. Additionally, the filing spouse had to have lived in the county they are filing in for the 3 months preceding the filing. Your wife, however, can file for divorce in CA since she apparently lives here, provided she has met the 6 month and 3 month rules I just mentioned.

I don't know what Ireland law requires, but I'd see if filing for divorce there is a...

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