Your current state is Ohio
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
answered on Mar 27, 2024
Motions of any kind can be opposed. It's very difficult however, and rare that an opposing party can come up with a valid justification for opposing a motion to bifurcate. CA is a no fault state. If someone wants a divorce they can have one.
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024
In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do... View More 
Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024
Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More
My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More
answered on Mar 26, 2024
This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
answered on Mar 26, 2024
She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More
Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More
answered on Mar 25, 2024
Unless the court grants a motion to value the house at a different date, the court will take values and encumbrances as of the date of trial (or as close as possible). However, if you've paid down a community debt using your separate property (typically your paycheck after your separate), then... View More
Since separation, I have diligently continued to pay the mortgage on the property, significantly reducing the balance owed. However, during recent discussions on asset division, I noticed that the house equity was calculated based on the latest balance, which differs by over $80,000 compared to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
Under California law, the date used to calculate home equity for the purposes of asset division in a divorce generally is the date of separation. However, if there have been significant changes in the property's value or mortgage balance since that date, this can complicate matters. The courts... View More
My husband and I are divorcing. We put our house on the market and it is scheduled to close on 5/1. He was arrested on 3/20 and is in jail because he has a $2million cash bond. Unless he changed the estate plan, I have POA. Can I sign for the closing/deed if he is in jail?
answered on Mar 25, 2024
If you have the original POA, with the actual original signature, and it has not been revoked, you could use it to sign the deed for your closing. You should check with your husband to verify that it has not been revoked, and you should give the original POA to your closing attorney for review.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
Under California law, the division of assets during a divorce, including injury settlements, depends on whether the assets are considered community property or separate property. Typically, if the injury settlement was received during the marriage, it might be considered community property and thus... View More
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
-3 month marriage
- no joint assets, properties, no children
- both spouses have attorneys
- wife simply just doesn’t want to get divorced.
answered on Mar 23, 2024
If both parties have attorneys, you contact the other attorney and ask if they will agree to an extension. Then you file a motion with the court asking for an extension stating that both parties agree (called a consent motion) or they do not.
She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024
I'm sorry to hear about your difficult situation. In California, if you're dealing with divorce and property issues, it's essential to understand your legal rights, especially regarding property and housing. If you've been paying rent for a significant period, you might have... View More
She waited until I was out of the county when I see the petition I took the next plane back to Los Angeles but she won't let me in she lie to the police about having a restraining order and told them I was not on the lease after paying the rent for 41 years the police didn't ask for proof... View More
answered on Mar 23, 2024
This is not a criminal domestic violence matter...it is more a Family Law matter, and I have not handled one in 50 years. Repost on family law, not criminal posts.
Do you have a best friend who can assist you?
I believe she has to serve you with an unlawful detainer.
You can... View More
We separated in December, and signed a property settlement agreement with joint legal custody, her having the kids every other weekend, and we both waived any and all spousal and child support payments. Today I received summonses from the court indicating she has petitioned for custody and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024
For valid agreements involving property distribution and spousal support, the court cannot enter an order inconsistent with those terms of the agreement. The same is not true for custody and child support, which is subject to the best interests of the child. Sometimes parties wish to file for... View More
My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024
If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More
My husband left and served me divorce papers in Oct. 2021- my was 16 at the time and now 18 and in college - I have not received any child support or aid for my daughters college - my lawyer claims to file a motion but court said they never received - I am suffering financially because of the... View More
answered on Mar 22, 2024
My suggestion is that you need to schedule a consultation with another divorce lawyer. I dont know what occurred between you and your current lawyer but obviously there is an issue. If you want, write to the lawyer and ask him if he can schedule 10 minutes to update you on the current status of... View More
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
I was in a long distance relationship with my spouse, who would visit the U.S. to see me often. However, he lives in Canada. He has never lived in the U.S., only visited. On his last visit, we got married. But, never have lived together.
answered on Mar 21, 2024
You can have an uncontested divorce and both of you can sign all of the necessary paperwork. Or if your spouse refuses to sign all the required documents, you will have to file for divorce and have him served, where ever he may be located.
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.
