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California Divorce Questions & Answers

1 Answer | Asked in Divorce, Family Law and Civil Litigation for California on

Q: What paperwork do I need to serve a deputy with a subpeona to appear in court?

I know how to just haven’t been able to find someone that can tell me exactly what paperwork I need.....also I have contacted the officer and I know how much it’s gonna cost

Sanjoy Kumar Guha answered on Sep 9, 2019

If you're involved in a legal proceeding, you may need to subpoena documents to support your case. The first step is to hire an attorney to help you navigate the laws in your state and county. A subpoena duces tecum, the term for a subpoena of documents, requires that a witness produce a document... Read more »

1 Answer | Asked in Divorce for California on

Q: I am planning on filing for divorce from my husband. Once I file for divorce I know it will force the sale of our house.

Can I move our immediately after filing for divorce. I am not comfortable living under the same roof ... he has a very aggressive attitude.

Sanjoy Kumar Guha answered on Sep 3, 2019

yes you can

1 Answer | Asked in Divorce for California on

Q: Am I entitled to half of my husband's half of a boat business that he is 50% partner in? We have been married 33 years.

After 33 years my husband and I separated 2 years ago. He now lives with our youngest daughter, her 2 daughters and her current boyfriend, and they kicked me to the street, so I have been living in my car. Is this something that he can legally do? Also, he is 50% partners in a hull cleaning... Read more »

Sanjoy Kumar Guha answered on Aug 23, 2019

yes 50% share and also entitled for maintenance

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 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...
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1 Answer | Asked in Divorce and Military Law for California on

Q: Am I allowed to read my letter to the judge to represent me since I am not happy with my lawyer at CMC hearing?

It has been 18 months now and still no resolution. I am not being prioritized. delay over delay. I need help.

Sanjoy Kumar Guha answered on Aug 14, 2019

There are several reasons why people represent themselves without a lawyer:

In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford...
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2 Answers | 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 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 »

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1 Answer | Asked in Divorce and Family Law for California on

Q: Enforce alimony, get attorney, attend court. How do that since I moved to other side of state (Calif)?

My ex (employed executive) paid alimony for some years then stopped. So, had enforced through court, yet he's still not paying. Due to this, I'm seeking to (again) enforce spousal support agreement. Kids all adults, so no child support applies.

Was married and divorced in same county in... Read more »

Sanjoy Kumar Guha answered on Aug 13, 2019

When your former spouse is not paying alimony, returning to divorce or family court should be your first action. Seek the help of an experienced divorce or family law attorney to represent you. Show the court evidence that your former spouse has not made payments, has not made full payments, or has... Read more »

1 Answer | Asked in Divorce and Family Law for California on

Q: Information on property and child support.Been married for over 10yrs.

Spouse had kids w someone else while still being married.

Sanjoy Kumar Guha answered on Aug 11, 2019

California is one of a few states where you can benefit in alimony payments from staying married 10 years or longer. In this situation, the spouse earning less income retains the right to be paid alimony for as long as he or she needs, and as long as the paying spouse can pay.

All parents...
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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 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 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 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 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 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 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 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 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 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 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 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...
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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 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.

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