Get free answers to your Family Law legal questions from lawyers in your area.
Can I still file the final judgment if my ex and her lawyer are refusing to sign the FL130 form that is needed in the final judgment packet? My case is in riverside county California
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answered on Jan 14, 2025
In California, family law judgments are court orders issued after a legal proceeding, typically involving issues such as divorce, child custody, child support, spousal support, property division, or domestic violence. These judgments are legally binding and enforceable, meaning the parties involved... View More 
Help! What do I need to file or do to have a correction done when the Judge did not use the correct Dissomaster (after Sep. 1, 2024) calculations on a Child Support modification judgment? At the hearing, the Judge was having trouble with computer software and ultimately ended up not updating to... View More
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answered on Jan 14, 2025
In California, child support calculations are primarily based on the state's guideline formula, which takes into account both parents' incomes, the amount of time each parent spends with the child (parenting time or custody arrangement), and other factors such as health insurance, special... View More
Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m... View More
answered on Jan 11, 2025
First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to... View More
My divorce finalized end of September. We hired the mediator. Ex is finally going to take care of transfer retirement funds for TSP, IRA Schwab. In our agreement, it not listed when, how , who is doing for QDRO. The mediatior is going to take care of QDRO with $1000. Is mediatior be able to... View More
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answered on Jan 14, 2025
A Qualified Domestic Relations Order (QDRO) is a legal order used in California divorce cases to divide certain types of retirement benefits, such as pensions or 401(k) accounts, between divorcing spouses. The QDRO allows a portion of the retirement benefits to be awarded to the non-employee spouse... View More
My divorce finalized end of September. EX awarded to me his retirement accounts of Navy TSP and IRA Shwab , also retirement from present job. It will be all my assets. He supposed to do QDRO and transfer money to me. We used a mediator. He has been ignoring all of her mails and phone calls.... View More
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answered on Jan 14, 2025
In California, a contempt motion can be filed when one party fails to comply with a divorce decree or court order, such as failing to pay spousal or child support, not adhering to custody and visitation arrangements, or not following other financial obligations outlined in the decree. The moving... View More
My husband cheated on me and his lover had a baby and it is 6 months old. The lover is in Massachusetts and we are in California. What can we do to prevent this lover from going further? Her goal was clearly money. I want to know if she can be ordered to pay for the emotional distress that I and my... View More
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answered on Jan 14, 2025
California is a no-fault divorce state, meaning that neither party has to prove wrongdoing or fault, such as adultery, to obtain a divorce. Instead, the petitioner simply needs to state that the marriage has irreconcilable differences, meaning that the couple can no longer get along or that the... View More
During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More
answered on Jan 4, 2025
The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More
During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More
answered on Jan 4, 2025
Expanding on Mr Light’s response, it sounds like counsel made no effort to try to open that link up to 50 days after you provided it. Why? Why not let you know sooner that the link allegedly didn’t work? You cannot move to exclude evidence until after the party has violated a court order... View More
If my ex sent 10 discovery questions (1-5 asking for financial documents and 6-10 general written questions), I provided verified responses for all 10, with written answers for 6-10 and for 1-5, I wrote "See Dropbox" and shared an Onedrive link via email. Now, 50 days later, my ex claims... View More
answered on Jan 2, 2025
To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More
penniless, can't eat, fix my printer, make copies or buy paper. so how do I exercise my civil rights to utilize our civil court system, to assert and defend myself against a monster. they only waive filing fees. i'm helpless, and he's a disbarred JD with a vengeance out to get me. I... View More
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answered on Jan 14, 2025
In California, a domestic violence restraining order (DVRO) is a legal order issued by the court to protect individuals from abuse or threats of abuse by a person they have a close relationship with, such as a spouse, partner, family member, or cohabitant. To obtain a DVRO, the petitioner must file... View More
Husband filed for divorce while I was visiting family. I came home and he told me. I haven’t seen the papers
answered on Dec 27, 2024
People file divorce cases without first notifying the other party. After they file, they will then serve it. The served party will have 30 days to respond. You can hire a lawyer to at least consult about your options. Good luck with your case.
Husband filed for divorce while I was visiting family. I came home and he told me. I haven’t seen the papers
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answered on Jan 14, 2025
In California, legal separation is an option for married couples who do not wish to divorce but want to live apart and address issues such as division of property, child custody, child support, and spousal support. A legal separation allows the couple to formalize their living arrangements without... View More
n my phone to present to the judge (commissioner). He would not read it from my phone nor would he allow me to read it to him without a copy for him, and the petitioner to follow along. He stated that I could testify to what happened that night in my own words, but reading a "statement"... View More
answered on Dec 27, 2024
A problem is that appeals are very hard and expensive. It is not a second chance to argue the case. Some of what you now argue is what you were expected to have argued the first time at the hearing. Appeals generally are to decide whether the judge made a legal error in not applying the appropriate... View More
How many times can a custodial parent refuse to meet up at the drop of location for exchange before I can file a motion for contempt?
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answered on Jan 14, 2025
In California divorce cases involving child custody and visitation, the exchange location refers to the place where the parents meet to transfer custody of the children, particularly in situations where the parents do not live in the same household. The court may order a specific exchange location... View More
He did not contribute to the down payment (full amount still owed) and has never contributed to mortgage payments.
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answered on Jan 14, 2025
More information is needed, such as when the home was acquired [i.e., pre or post date of marriage]. If the home was purchased by one spouse prior to marriage, then, under the Moore-Marsden rule, the increase in value of a separate property asset (such as a home or business) that is due to... View More
Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a... View More
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answered on Jan 14, 2025
California Family Code Section 3044 establishes a rebuttable presumption against awarding joint physical or legal custody to a parent who has been found to have committed domestic violence within the previous five years. If there is evidence of domestic violence, the court will presume that joint... View More
Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a... View More
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answered on Jan 14, 2025
California Family Code Section 3044 establishes a rebuttable presumption against awarding joint physical or legal custody to a parent who has been found to have committed domestic violence within the previous five years. If there is evidence of domestic violence, the court will presume that joint... View More
Will that hold in court. My animals are the only animals included in the protection order.
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answered on Jan 14, 2025
In California, pets can be included in a domestic violence restraining order (DVRO) if there is evidence that the pet is at risk of harm due to domestic violence or if the pet is an essential part of the victim's safety or emotional well-being. Under Family Code Section 6320, a court may grant... View More
I filed ex parte for custody visitation schedule urgently and the judge denied but scheduled for the hearing 1 month later. However, I want to withdraw the ex parte hearing. Is there a specific FL-Form I need to submit, or can I create my own document for this purpose instead of calling the... View More
answered on Dec 18, 2024
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
I filed ex parte for custody visitation schedule urgently and the judge denied but scheduled for the hearing 1 month later. However, I want to withdraw the ex parte hearing. Is there a specific FL-Form I need to submit, or can I create my own document for this purpose instead of calling the... View More
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answered on Jan 14, 2025
In California divorce cases, an ex parte application is a request made to the court for immediate relief without the need for a formal hearing or notice to the other party, typically in emergency situations where urgent action is needed. Common examples of ex parte applications in divorce cases... View More
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