If there has been no response filed to the ex parte or a responsive declaration filed/served, you can simply call the courtroom and tell the clerk you are withdrawing your motion or aka taking your motion off calendar. You can then file a "Notice of Taking Motion/RFO Off Calendar".... View More

Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county... View More

It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the... View More

Sadly there is no rule that they have to have a key to his place or wanted on days that are not his. That is unless there is an order otherwise which it sounds like there is no direct order regarding that. I would love to think that it could be used in a custody request in court. As i said it is... View More

You can certainly dismiss your current attorney and then hire a new one when you wish. It is unlikely to save you money. The new attorney will undoubtedly charge you to get up to speed. This will likely cost much more than what you save in representing yourself during the interim. There's a... View More

You certainly can do that but the court might not set a trial date until it is ready for trial. Discovery cuts off at a certain point before trial. As much as you want to rush things you have to decide if everything is ready to go. You will also be required to be held to the same level as an... View More

Technically an order is an order. I do not know how specific the order is that would allow it to be enforced by the police. However, you could seek to modify the order to be safe. For one this sounds like he should have sole legal custody instead of joint legal custody. He should not need to get... View More

Couple different things in your question that the court will look at (see Family Code §4320 for all the statutory factors the court will consider when ordering spousal support). In terms of duration of support to be paid, the court looks at the length of marriage (from date of marriage to date of... View More

You mention about long term support. Another attorney mentioned certain factors to be used. You did mention that she has a Fiancee. When she gets remarried that would terminate the support. But who knows when that will happen. The factors will also look at her assets. The separate property house... View More

He is doing that as a form of continued control. He is scared because he knows that if you follow through with it you will get support and your share of what is due to you. The support initially will be mostly based on what you make and what he makes. You are not capable of working so you would get... View More

The word primary custody does not really mean much of anything. Im sure that it seems nice that it said that but at the end of the day What counts is the level of custody the two parties have. An order can say joint physical custody but if one party has only alternating weekends (20%) then they do... View More

The other attorney mentioned about this. Although in short term marriages the maximum spousal support time is 1/2 of the marriage. That only leaves six months. Most courts would decide not to award spousal support for such a short term marriage, that is up to the discretion of the court. There also... View More

If you are that concerned you can always contact your local county CPS office and make a report. They will investigate what you have stated. You could also apply for an emergency order as the other attorney stated. You would have to show that the child is under the threat of imminent harm or about... View More

If you are using the proposed needs then you would list what you estimate your expenses will be. That is because it is only a guess of what you believe your proposed needs will be. There is a spot on the bottom of page four at the bottom that page that asks for you say anything additional. It is... View More

Adoptions can be reversed (aka "vacated") under certain limited circumstances. These limited circumstances are statutory and can be found at Family Code §9100 et. seq. Such limited circumstances include if the adopted child shows evidence of a developmental disability or mental... View More

You are divorced when the Judgment and Notice of Entry of Judgment have been filed with the court. A marital settlement agreement alone is not enough to get you to the end of your case. There are other steps to be taken and other documents that need to be filed.... View More

I know at the end of the day it all amounts to the same thing but officially it is different with different consequences. You were awarded all of your pension as your separate property. That means it is not community property. You own the whole asset and if it goes up in value then you would gain... View More

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More

The deadline for service of a Request for Order is 16 court days (plus 5 calendar days for service by USPS) prior to the hearing date on that Request for Order. The service deadline is not related to the date of your mediation. The fact that she failed to serve you with a blank Responsive... View More