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California Divorce Recent Legal Answers from Lawyers

California Divorce Recent Legal Answers from Lawyers
I regret to hear that you received a family law default judgment.  Fortunately, most states afford revisory power to trial courts in the event of extrinsic fraud.  Extrinsic fraud is a type of fraud that prevented you from being heard (i.e., lies about you having been served, which permitted court proceedings to go on without your notice).  This is different from intrinsic fraud, or fraud that forms the basis for a cause of action.  Many lawyers have trouble with these concepts so, without getting too philosophical, suffice it to say that you are a victim of the correct type of fraud that permits a court to exercise its revisory powers - extrinsic fraud. For these reasons, the best advice would be to immediately retain an attorney to file a motion to vacate the judgment due to extrinsic fraud.  Evidence that you were not served will have to be attached to the motion (i.e., the affidavit of service filed by the ex-wife states you were served on date X at Y location, but you have a football game ticket showing that you were at a football game on that date at that time, and you also have an affidavit from your friends saying you were there as well). One final thought.  If you did file anything in the action challenging the proceedings (i.e., a motion to vacate the order of default), and if those requests were denied, then you may want to immediately consult with an appellate lawyer.  There are strict deadlines to file an appeal - typically 30 days in most states - so it is imperative to act quickly if you asked the court for relief while the case was ongoing but those requests were denied.  You might also have appellate rights, even if you made no such requests, if the court made a child custody determination without hearing from any witnesses or evidence.  This is because there is case law in most states providing that, even in an uncontested case, a court must still hear from someone or review something before making a decision regarding the best interest of a child.  So, if the court ruled purely in a default fashion (meaning no evidence at all, just a ruling), then you should also seek appellate counsel.  Otherwise, focus on the advice in the first two paragraphs of this post.... Read More
I regret to hear that you received a family law default judgment.  Fortunately, most states afford revisory power to trial courts in the event... Read More

Should I allow myself to be served divorce paperwork?

Answered 2 months ago by attorney Mr. Jason Ostendorf   |   1 Answer   |  Legal Topics: Divorce
Most, perhaps all, states have procedures that allow defendants to be served by means other than personal delivery if it appears that they are evading service.  If your husband files a motion requesting the court to permit such an alternative means of service, then you may be served without being aware of the service.  For instance, the court may allow your husband to effectuate service by publishing a notice in some news paper.  If that would occur, then you would be presumed to have been served even if you did not read the newspaper.  The potential harm from this is a family law order of default.  This could lead to the husband being awarded alimony, child custody, property division or other rights that directly and negatively affect you without your input. For this reason, my standard advice to people is to just accept service, and then hire a lawyer to deal with it so nothing goes wrong.  There is just too much that can go wrong if an ultimate order of default or default judgment is issued.  I do not practice law in California.... Read More
Most, perhaps all, states have procedures that allow defendants to be served by means other than personal delivery if it appears that they are... Read More
What is the problem in signing the divorce papers if you agree with it? The fact of the matter is that you should sign it to make the divorce process easier and less stressful for her. If you don't sign anything, you will piss her off and she will it after the divorce might end up coming after you for child support if there is a child. If you have been married a long period of time like 2 years or more or even 3 months or more depending on how spiteful she wants to be furiours over you not signing and making this easy for her. She is being an extremely nice lady by not asking for anything but a dissolution of divorce. It might be in your best interest to sign the papers and submit it as a response.... Read More
What is the problem in signing the divorce papers if you agree with it? The fact of the matter is that you should sign it to make the divorce process... Read More
Sorry to hear what you went through. Your question requires private consultation to go over your detailed options. However the general answer to your question is that annulment might not be possible but Divorce is a favorable option and affordable choice. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 877-866-8665 or email [email protected] to go over your options in a private consult. Licensed in New York and New Jersey.... Read More
Sorry to hear what you went through. Your question requires private consultation to go over your detailed options. However the general answer to your... Read More

Child Support during separation period

Answered a year ago by attorney Domingo R. Castillo, Jr   |   1 Answer   |  Legal Topics: Divorce
More info necessary. I suggest you speak to a family law attorney in private to go over your options.
More info necessary. I suggest you speak to a family law attorney in private to go over your options.

Can I marry my girlfriend here even though she is married in the Philippines?

Answered a year and 3 months ago by attorney Barbara Peyton   |   1 Answer   |  Legal Topics: Divorce
No. You cannot marry her until she is divorced.
No. You cannot marry her until she is divorced.
Wait until you are 60. Time flies.
Wait until you are 60. Time flies.

How do I know if I'm I still married?

Answered a year and 3 months ago by attorney Gerard Alan Fierro   |   1 Answer   |  Legal Topics: Divorce
You would need to check the court records for each county where your spouse could have filed for a divorce and see if a divorce judgment exists.
You would need to check the court records for each county where your spouse could have filed for a divorce and see if a divorce judgment exists.
They can dismiss it if you want but not just for texting about your child.
They can dismiss it if you want but not just for texting about your child.
Typically someone would file for modification of the Order in the state where the child is now living and file an Affidavit and Request for Registration of a Foreign Order. In law, the enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another. Some states may call these by different names, but this is the common name of the forms. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read More
Typically someone would file for modification of the Order in the state where the child is now living and file an Affidavit and Request for... Read More
file a response which will state you are not married. Don't ignore it because otherwise the court won't know that you are not married and might make orders which need to be set aside. That will cost more time and money than filing a response.
file a response which will state you are not married. Don't ignore it because otherwise the court won't know that you are not married and might make... Read More
If there has been an increase in your ex-spouse's income and you may be able to prove that she no longer has a need for support, you can bring a motion to reduce or terminate support. There is no magic number of months to wait after a Gavron warning.
If there has been an increase in your ex-spouse's income and you may be able to prove that she no longer has a need for support, you can bring a... Read More
No. He can get a divorce in the US without other side signing papers. Marrying while still divorced is bigamy and illegal.
No. He can get a divorce in the US without other side signing papers. Marrying while still divorced is bigamy and illegal.

Am I married if my name was used without my knowledge and what should I do next?

Answered a year and 4 months ago by attorney Gerard Alan Fierro   |   1 Answer   |  Legal Topics: Divorce
You should contact a family law attorney to discuss your situation in detail. I am not aware of a situation where a person can be married if they did not participate in a ceremony and did not sign a marriage license. You are probably not legally married and if someone claimed that you are you would defend the action that the marriage was void based on fraud. If there are documents that say you are married you can bring a Petition for Nullity in the Court and ask a court to void the marriage.... Read More
You should contact a family law attorney to discuss your situation in detail. I am not aware of a situation where a person can be married if they... Read More
She gave up the right to claim retirement under your social security account. The entire amount will be used to calculate how much spousal support you will be paying once you start drawing it.
She gave up the right to claim retirement under your social security account. The entire amount will be used to calculate how much spousal support... Read More

How do I finish my divorce if I now live in another state?

Answered a year and 4 months ago by attorney Barbara Peyton   |   2 Answers   |  Legal Topics: Divorce
You can do most things by mail but you will probably have to to go to the court to actually get your judgment. Hire a paralegal in the old state to see what needs to happen to finish the case.
You can do most things by mail but you will probably have to to go to the court to actually get your judgment. Hire a paralegal in the old state to... Read More

How do I finish my divorce if I now live in another state?

Answered a year and 4 months ago by attorney Gerard Alan Fierro   |   2 Answers   |  Legal Topics: Divorce
You can continue to file documents in the existing case to complete the default judgment. You can file documents by mail or hire an attorney to complete your case. It should not matter that you are now in a new State.
You can continue to file documents in the existing case to complete the default judgment. You can file documents by mail or hire an attorney to... Read More

What is my next step and does my original divorce paperwork expire?

Answered a year and 4 months ago by attorney Marco F M Acosta   |   2 Answers   |  Legal Topics: Divorce
Original paperwork does not expire unless the court sets your case for a hearing to decide if the case should be dismissed for lack of prosecution, I.e., following through with the necessary steps to resolve the case. Many of the divorce cases (depending on the county) just stay inactive for years. Next step is to complete the paperwork and forms and submit these to court and requests a default judgment of divorce. Generally, the judge will simply divide community property (if any) including any community debts equally between the spouses, and grant the divorce. The judge could also order the child and/or spousal support if applicable, as well as orders regarding child custody. It's much better to encourage the husband to sign MSA.... Read More
Original paperwork does not expire unless the court sets your case for a hearing to decide if the case should be dismissed for lack of prosecution,... Read More
You can file in the state where you are a legal resident. California requires six months residency to qualify as a resident. You don't have to file where you were married.
You can file in the state where you are a legal resident. California requires six months residency to qualify as a resident. You don't have to file... Read More
Possibly. If not having relations constitutes fraud. It is more likely that you will have to go through a divorce. You need to get a consultation with a family law attorney in your area to go through all the facts in order to get a more definitive answer.
Possibly. If not having relations constitutes fraud. It is more likely that you will have to go through a divorce. You need to get a consultation... Read More

Can my spouse kick me out over an argument if I'm not on the lease?

Answered a year and 4 months ago by attorney Georges Herman Shers   |   1 Answer   |  Legal Topics: Divorce
If you pay any portion of the rent, then you could be considered a some lessee of hers so that she has to give you a 60 day notice and then sue for unlawful detainer and eviction. You might be able to make the same argument if you continuously pay for anything that also benefits her, such as the utilities, food, etc. Normally, the police will say it is a family dispute and not get involved. If she accused you of hitting her or threatening her with a weapon, they will come and may arrest you. Instead of having these fights all the time, go to family counseling o decide that the relationship is no longer worth it and leave. Your are not just having the type of arguments married couple have, there is a great of bitterness.... Read More
If you pay any portion of the rent, then you could be considered a some lessee of hers so that she has to give you a 60 day notice and then sue for... Read More

Do I need to pay alimony to a partner that I have been with for 15 years?

Answered a year and 4 months ago by attorney Alfred Edwin Fahlen   |   2 Answers   |  Legal Topics: Divorce
Just because you live with someone 15 years and are NOT married, and share children do not mean you share assets. This is a contract matter. Whether there is a contract (agreement) is subject to proof. The fact that the family home is in your name only tends to evidence that residence remains yours and yours alone. Each case stands an on its own particular facts. Competent legal representation is required for a case of this type.... Read More
Just because you live with someone 15 years and are NOT married, and share children do not mean you share assets. This is a contract matter. Whether... Read More

How long do I have to file for spousal support after my divorce is final?

Answered a year and 4 months ago by attorney Barbara Peyton   |   1 Answer   |  Legal Topics: Divorce
It is probably too late now. Sorry.
It is probably too late now. Sorry.
The inheritance should be considered your separate property. So long as you keep it separate and don't mix it with any joint property or accounts, the community should not acquire any interest in it.
The inheritance should be considered your separate property. So long as you keep it separate and don't mix it with any joint property or accounts,... Read More
No. Get help from a process server to her him served. Alimony depends on disparity of income and length of the marriage not whether or not you have filled for legal separation.
No. Get help from a process server to her him served. Alimony depends on disparity of income and length of the marriage not whether or not you have... Read More