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AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Diego Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 1140 Union Street, Suite 200, San Diego, CA 92101

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  • 1357 Seventh Ave., Ste. B, San Diego, CA 92101

  • 350 Tenth Avenue, Suite 1000, San Diego, CA 92101

  • 3318 5th, Ste. B, San Diego, CA 92103

  • 11440 W. Bernardo Ct., Ste. 300, San Diego, CA 92127

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  • 12526 High Bluff Drive, Suite 300, San Diego, CA 92130

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  • 2445 5th Ave., Ste. 330, San Diego, CA 92101-1665

  • 1901 1st Ave., Ste. 134, San Diego, CA 92101

  • 1744 6th Ave., San Diego, CA 92101

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  • 402 W. Broadway, Ste. 1200, San Diego, CA 92101

  • 12636 High Bluff Dr., Ste. 200, San Diego, CA 92130-7003

  • 591 Camino De La Reina, Suite 100, San Diego, CA 92108-3102

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Commonly Asked Divorce Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Will my default be entered on a dissolution?

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Answered by attorney Gerard A. Fierro (Unclaimed Profile)
Divorce lawyer at Gerard A. Fierro & Associates
There are two possibilities. The first is that the Judge can strike his Response to the Petition as a discovery sanction. You can then request that a default be entered and proceed to obtain a default judgment. If the Response is not stricken, as long as the husband has proper notice of the trial dates (at least 30 days notice) then the Court can proceed. You will need to be prepared to present all your evidence to prove your case without the husband present. For example, if you are trying to get support orders, you will need to have evidence of the husband's income.
There are two possibilities. The first is that the Judge can strike his Response to the Petition as a discovery sanction. You can then request that a default be entered and proceed to obtain a default judgment. If the Response is not stricken, as long as the husband has proper notice of the trial dates (at least 30 days notice) then the Court can proceed. You will need to be prepared to present all your evidence to prove your case without the husband present. For example, if you are trying to get support orders, you will need to have evidence of the husband's income.
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Can I respond to a petition for dissolution of marriage with a petition for legal separation?

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Answered by attorney Steven Jed Alpers (Unclaimed Profile)
Divorce lawyer at Steven J. Alpers, A Professional Corporation
You can, but if your spouse wants a dissolution you can not stop the proceeding. He or she only. has to testify that they have lived in the state 6 months, the county 3 months and he or she does not believe that marriage can be saved and the judge must grant the dissolution.
You can, but if your spouse wants a dissolution you can not stop the proceeding. He or she only. has to testify that they have lived in the state 6 months, the county 3 months and he or she does not believe that marriage can be saved and the judge must grant the dissolution.
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Can my husband pay for my divorce attorney's fee?

Mandy J. McKellar
Answered by attorney Mandy J. McKellar (Unclaimed Profile)
Divorce lawyer at The Law Offices of Mandy J. McKellar
1. The best place to start is to at least consult with an attorney many of them will do so for free. Many attorney's in the Las Vegas area also offer payment options, my firm included. As far as your claim for attorney's fees, this will be discretionary upon your judge but the particular case law that deals with the issue of attorney's fees is Sargent v. Sargent allows for attorneys fees to the spouse with substantially lower income to level the playing field. Unfortunately, many Judges will not order the fees until the end of the matter and you may have difficulty finding an attorney to front the work on the hopes of an attorney's fees award at the end. There is not one family law attorney that I am aware of that will take a case contingent upon fees earned at the end, and this is not something that should be done anyway. Typically, for a case such as this you should be looking for a pricing of about $1,500 to $2,500 up front to get the matter moving.
1. The best place to start is to at least consult with an attorney many of them will do so for free. Many attorney's in the Las Vegas area also offer payment options, my firm included. As far as your claim for attorney's fees, this will be discretionary upon your judge but the particular case law that deals with the issue of attorney's fees is Sargent v. Sargent allows for attorneys fees to the spouse with substantially lower income to level the playing field. Unfortunately, many Judges will not order the fees until the end of the matter and you may have difficulty finding an attorney to front the work on the hopes of an attorney's fees award at the end. There is not one family law attorney that I am aware of that will take a case contingent upon fees earned at the end, and this is not something that should be done anyway. Typically, for a case such as this you should be looking for a pricing of about $1,500 to $2,500 up front to get the matter moving.
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