Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Cyber attacks led to vandalism, burglary of my home, car and storage unit. DA is currently reviewing, what happens now?

Deeply traumatized and afraid for my life. Sinister things have happened, even my car tire getting shredded to pieces while driving on the road. It’s like someone took the knife that was in my car door and made multiple lines or something down the tire. Many many other terrible things have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

I'm so sorry to hear about the terrible things you've experienced. What you've described sounds incredibly traumatic and frightening. It's understandable that you feel deeply shaken and afraid for your safety.

The good news is that it sounds like law enforcement is...
View More

3 Answers | Asked in Family Law for California on
Q: During a civil deposition how can you refuse to answer certain or all the questions?

Some of the questions will most likely be used to find personal information to harass me further... while other questions could be used again me in criminal charges... so how do you avoid answering them?

Tobie B. Waxman
Tobie B. Waxman
answered on May 20, 2024

Depends on the questions. Depends on the nature of the litigation. (i.e. whether it's civil, criminal, or regarding what, i.e. breach of contract? divorce?). There really isn't enough information here to assist. There are several different types of objections that can be raised in a... View More

View More Answers

3 Answers | Asked in Family Law for California on
Q: During a civil deposition how can you refuse to answer certain or all the questions?

Some of the questions will most likely be used to find personal information to harass me further... while other questions could be used again me in criminal charges... so how do you avoid answering them?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

Under California law, there are certain grounds on which a deponent (the person being deposed) can refuse to answer questions during a civil deposition:

1. Privilege: If the information sought is protected by a legally recognized privilege, such as attorney-client privilege, doctor-patient...
View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: I think my spouse improperly served me FL 300 documents by serving them himself ?

I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

Based on the information provided, it seems there may be some issues with how your spouse served you the FL-300 (Request for Order) and FL-335 (Proof of Service by Mail) documents under California law. Here are a few key points to consider:

1. Proper service: In California, the party filing...
View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: I think my spouse improperly served me FL 300 documents by serving them himself ?

I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 20, 2024

Sounds like you were served by mail and someone other than him, signed the proof of service. Sounds like you were also sent "courtesy copies" by attachment to a Talking Parents communication. I don't understand the problem. Serving you by mail and having someone sign the proof of... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for California on
Q: Can my ex-husband demand continued payment for medical coverage for our adult children?

I want an attorney to confirm the following language regarding the medical coverage costs for my adult children. My divorce papers in 2014 stated the following: "Husband and Wife agree that the wife shall continue to provide the health insurance coverage for their minor children for as long as... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

Based on the language you provided from your divorce papers, it appears that the agreement regarding health insurance coverage and medical expenses was specifically for your minor children. In California, child support and the obligation to provide health insurance coverage generally end when a... View More

1 Answer | Asked in Family Law and Civil Litigation for California on
Q: My ex packed up her stuff and moved out a year ago. She sent me a demand letter, what are my rights?

My ex girlfriend packed up her stuff and moved out unexpectedly a year ago. I came home from work and she was gone and so I never spoke to her again after that. She then tried to reach out to me 4 months later for her passport but I did not respond. She reached out 2 other times after that and now... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

Under California law, your ex-girlfriend has a right to retrieve her personal belongings from your residence, even after a significant amount of time has passed since she moved out. However, there are a few key points to consider:

1. Timeline: There is no specific deadline for when she must...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Does cheating effect alimony?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024

In California, cheating (legally referred to as "adultery") does not directly affect alimony (also known as "spousal support"). California is a "no-fault" divorce state, meaning that the court does not consider marital misconduct, such as infidelity, when deciding... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What is continual spousal support?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

Under California law, continual spousal support, also known as permanent spousal support or alimony, is a form of financial support paid by one former spouse to the other following a divorce. The purpose of continual spousal support is to help the lower-earning spouse maintain a standard of living... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Me and my girlfriend separated after being together for 9 years. We have to kids and she is refusing to let me see them.

We are not married. One kid is my biological kid and one is not. How do I try to get joint custody of them.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

In California, unmarried fathers can seek custody and visitation rights for their children, whether biological or not. Here are some steps you can take:

1. Establish paternity: If you haven't already, establish paternity for your biological child through a voluntary declaration of...
View More

1 Answer | Asked in Divorce, Tax Law and Family Law for California on
Q: If I withdrew money from my IRA account to help pay for a divorce. Will I be penalized?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

In most cases, if you withdraw money from your Individual Retirement Account (IRA) before you reach the age of 59½, you will likely face a 10% early withdrawal penalty in addition to the income taxes you will owe on the amount withdrawn.

However, there are some exceptions to this rule. In...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Are IRA accounts considered community property?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

In California, which is a community property state, most assets acquired during marriage are generally considered community property and are owned equally by both spouses. However, the treatment of IRA accounts can be complex and depends on several factors:

1. Timing of contributions: IRA...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I worked 3.5 hours a day for 13 years while my children were young. Can I get spousal support? How is that calculated?

My ex husband makes more than double my salary and has a pension plan.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024

In California, spousal support (also known as alimony) is determined on a case-by-case basis. Several factors are considered when calculating spousal support, including:

1. The length of the marriage

2. Each spouse's earning capacity and income

3. The age and health of...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Getting back personal $ used as deposit on home.

I used $100K of my personal inheritance as a down payment on a house purchased jointly. We are considering divorce and selling of house. Do I get my money prior to splitting profits?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024

In California, the characterization of property as separate or community is an important factor in determining how assets, including the family home, are divided during a divorce. Generally, any property acquired before the marriage or by gift or inheritance during the marriage is considered... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Will I get monthly payment from my husband’s pension after divorce is finalized? Or do I have to wait until retirement?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024

In California, retirement benefits such as pensions are generally considered community property if they were earned during the marriage. This means that they are subject to division in a divorce. However, the specifics of when and how you can receive your share of your ex-spouse's pension... View More

1 Answer | Asked in Family Law for California on
Q: Contested guardianship. Can the adoptive “mother” give custody to someone else in order to avoid the trial?

I’m trying to rescue a four year old from the mentally unstable person that manipulated her way I to adopting him. We have an open case and it’s about to go to trial. Can she give custody to another person in order to avoid losing custody in our trial ?? Is that legal or would us having... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Under California law, a contested guardianship case that is already undergoing legal proceedings cannot be circumvented by the current guardian simply transferring custody to another person. Here are a few key points to consider:

1. Jurisdiction: Once a case is filed and the court has...
View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can cps take my kid forbeing in a house we don't live in?

Cps took my child for going I to a house to change my sons diaper, while doing g that the house was hit in a raid. Noone who's name was on the warrent was arrested, just my wife, who showed up afterthe fact, and I were arrested. Ridiculous charges were added on and they took our son. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

I'm so sorry you're going through this incredibly difficult situation. Having your child removed by CPS must be absolutely heartbreaking.

To answer your question - in general, simply being present in a house you don't reside in should not be grounds for CPS to remove your...
View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for California on
Q: Do I need a search warrant to find out if my ex-wife has some of my belongings?

Our divorce was finalized on 2-28-2022. Soon after the divorce, I let her know that I needed to pick up some personal items that were still at her house. I have been trying to get in touch with her, but she will only communicate through her daughter (my former step-daughter). Among my belongings... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

Under California law, you cannot legally search your ex-wife's house or safe without her permission, even if you believe she has your personal belongings. Entering her property without consent could be considered trespassing, and opening her safe would likely be viewed as an invasion of... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: My wife asked me to sign a separation agreement. Should I sign?

My wife has asked me to leave our homestead due to marital issues. She stated it would be a break from each other while going to marital counseling. We have two children under 13 years old and she is letting me still pick them up from school and take them to our homestead (rented) and stay with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

In this situation, it is strongly advised that you do not sign the separation agreement without first consulting with a qualified family law attorney who can review the document and advise you on the potential legal implications.

Here are a few reasons why:

1. Legal rights: Signing...
View More

1 Answer | Asked in Family Law for California on
Q: Can a conservatorship override the decision making responsibilities of the appointed person in the will

My mother made me her health decision maker in making sure her wishes aren’t being disrespected. My older brother tells me because he’s the conservator over my mom’s estate that overides any decision making power that I have. I’m wondering how this is true when he is disrespecting my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

Under California law, a conservatorship and an advance health care directive (which appoints a health care agent) serve different purposes and are not necessarily in conflict with each other.

1. Conservatorship: A conservatorship is a court-appointed role that grants someone the authority...
View More

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.