Davis, CA Divorce Law Firms & Lawyers

Check what the judgment says. If the IRA was awarded to him, he can change the beneficiary. The judgment typically ends the right to be a beneficiary for estate planning purposes.

It really depends on the Judge. My personal record for an uncontested case was 36 hours after filing with the clerk of court. A contested matter may take several years.

If you both reside at the same residence, either one of you can arbitrarily evict the other. However, if there is any violence, the police and/or court may remove whoever is determined to be the aggressor from the home and now allow that person back. Also, if there is any possibility of violence or false accusations of violence, you would likely be better off removing yourself from the situation before such an arrest happens. Make sure you are not alone with her, make sure witnesses (other than children) are around. You will need to weigh your options, your finances, your ability to see your children (if any) before making a decision. You will likely need an attorney to help you, so that you get a fair deal in your divorce (who lives at the home, who makes the payments, custodial schedule for the children, child support, spousal support, division of all assets and debts (credit cards, bank accounts, household furnishings, cars, etc)). All of these issues need to be decided fairly through the courts, unless you both can come to legal written agreements, filed on your case at the court.