California Divorce Legal Questions

I’m sorry to hear about the challenges you’re facing. While the situation is emotionally charged, it’s important to focus on the facts and your legal rights. Here’s what you need to know about their threats: Wedding Costs:In California, the cost of the wedding is generally not something either party can sue for after a marriage. Weddings are considered gifts, and courts typically don’t allow reimbursement for voluntarily incurred expenses. Money Given During the Marriage:California is a community property state, meaning that assets and debts acquired during the marriage are typically shared equally. However, this doesn’t include gifts or expenses that were willingly provided during the marriage. If your husband gave you money, it would not typically be recoverable unless it was clearly documented as a loan. Defamation or Slander:If their accusations cross into false and damaging claims about your character that can be proven as untrue, you may have grounds for a defamation claim. Consult an attorney to explore whether their behavior meets the legal threshold for slander or libel. Legal Recourse:Your husband and his family can threaten to sue, but most of these claims would not hold up in court. However, given the emotional nature of the situation, it’s wise to protect yourself legally by documenting all interactions and seeking advice from a family law attorney. Although I’m a Maryland divorce lawyer, I frequently counsel clients to focus on what’s legally enforceable versus emotionally charged threats. In your case, a California divorce attorney would be the best resource to guide you through the process and ensure your rights are protected.... Read More

In California, the court requires full disclosure of all assets and debts during the divorce process, including in a Summary Dissolution. If your assets exceed the property limits and you proceed without disclosing them, there could be serious legal consequences: Potential Annulment of the Agreement:If undisclosed assets are discovered later, the court could invalidate your agreement. One party could reopen the case, leading to additional legal proceedings and potential penalties. Legal Sanctions:Failing to disclose assets can result in fines, attorney fees, and other court-ordered penalties. California courts take transparency in financial matters very seriously. Risk to Mutual Agreements:Even if both parties agree now, this agreement may not hold up if one party changes their mind or challenges the terms later, especially if there’s evidence of concealed assets. Court’s Access to Financial Records:If disputes arise or the court suspects misrepresentation, it has the authority to subpoena financial records and uncover hidden assets, including bank accounts. Although I’m a Maryland divorce lawyer, I often emphasize to clients in similar situations the importance of full disclosure in any divorce process. Courts across the country, including in California, prioritize transparency to protect both parties and avoid future disputes. For California-specific guidance, it’s best to consult with a licensed California attorney to ensure compliance with state laws.... Read More

Yes, in California, sellers have a legal duty to disclose if a murder occurred in the house. This was established in the case of Reed v. King (1983). In this case, the court ruled that sellers must disclose facts that materially affect the value or desirability of the property, including non-physical defects like a history of violent crime. The court emphasized that such information is not readily observable by the buyer and is known only to the seller Reed v King,  145 Cal. App. 3d 261 (1983)... Read More

If the QDRO was for a pension through a private employer or union, and it was entered prior to the participant's retirement, it is usually a "separate interest" which pays you for life and is not tied to the length of your marriage. If it is a government pension there may be different provisions but, again, payment length is usually not based on length of the marriage. You can contact the plan directly and they can give you specifics about your award.... Read More

As I understand your question, you cannot get married twice without having been divorced from the first marriage. The 2nd marriage would be void as a matter of law. If you got a divorce from said person, I think it's insignificant what date you put down. The divorce should be effective against the person you're divorcing (as you had a valid marriage in place with said person.). ... Read More

I am a family law attorney and have been practicing in that field for over 12 years and then helped attorneys in the field as a paralegal for years. Unfortunately for you, California is a "no fault" divorce state.  In other words, her "indiscretions" are not factors in considering the elements of a divorce.   I'm sorry that you have to pay $5200 a month-- must be for spousal support since your children are now over 18 years old. Perhaps a re-evaluation should be performed since she is working and offsetting the amount you pay.  You don't tell me whether you've been ordered to pay or you are voluntarily paying nor how the amount was calculated.  There are a lot of factors to consider in ordering a monthly payment. California, as a community property state, means that the spouses own the assets on a 50-50 basis.  That means she owns half of everything you own, including your retirement plans. Sorry you are in that situation!      ... Read More

According to California Community Proprrty laws, you each have 50% interest in all assets obtained and debts incurred during marriage, assuming there is no prenuptial or premarital agreement between you and your husband stating otherwise. Generally, you do not have to return the money spent during marriage whether the source is through pension, wages, salary or other means. I hope this answers your questions. However, l suggest that you consult with an attorney to get more specific answers that will apply to your case. You May contact our office to schedule a telephonic consultation. ... Read More

It means that you are missing essential pieces necessary to have the court finalize your divorce.  In order to obtain a final judgment of dissolution (divorce), you have to follow certain rules and complete all of the forms properly.  I would encourage you to take the envelope to an attorney who can review what you have done and assist you in getting your paperwork in order.  Often times, when untrained litigants try to do it themselves, or hire a paralegal, or legal document assistant, things get missed, and it costs more in the long run to fix the mistakes.... Read More

If there are specific terms in your Marital Settlement Agreement or Judgment that address valuation at time of division, the Judgment language will control.    It also depends on the asset.  If you are dividing the community portion of a retirement or brokerage acount, for example, the community would share in the gains and losses of the underlying securities.  If a savings account has not been divided and has been accruing interest, both parties would typically share in that interest.       This information is not intended as legal advice and does not create an attorney/client relationship. ... Read More

If you want general information, but are not yet ready to meet with an attorney, I recommend browing your county's superior court website and the courts.ca.gov website in the divorce section https://www.courts.ca.gov/selfhelp-divorce.htm There is a wealth of self-help information about options and procedures geared towards people who do not have attorneys.   Your county superior court website will have detail and rules specific to where you live.  There is information about divorce generally, as well as more detailed information about support and custody.  Once a case is open there are mandatory steps required before you can be divorced.  One of those steps is exchange of detailed information about your assets, debts, earnings, and expenses.   Depending upon the earnings disparity between spouses, one spouse may be required to pay either spousal or child support to the other.    Community property will also be divided between the spouses (not necessarily in kind).  Orders regarding division of property and support can be agreed upon between the parties, or can be ordered by the Court if agreement is not possible.   A mediator is sometimes utilized by spouses to help facilitate discussion around these issues and avoid court.    As a first step, I really recommend browsing the court websites.  That will help you orgaize questions if you then decide to consult with an attorney.   This information is not intended as legal advice and does not create an attorney/client relationship. ... Read More

Good afternoon, Your questions are all valid, however without knowing several key factors, it is not possilbe to answer your questions at least at this stage.  Here are some guidlines: Simple divorces with agreement of both sides can avoide costs and litigation and a smart way to do this. if you would be more specific and provide some key information for example: how long you have been married? do you have any minor children? are you both working? who makes more money and by how much? how much assets do you have? how much debts do you have? do you have property in other states, or internationally? are there any retirement accounts?  who has them, how much? Has there been any domestic violance? is there a business involved, what is the business and how long it has been in place? are there partners in the business? these are just some of the questions that a lawyer needs to know to be able to answer you.  Certainly you should not disclose your financials here, and need to discuss them with your attorney during your consultation [NOT HERE]. California is a community property state, and very specific rules apply to assets, liabilities, child and spousal support. I hope this gives you some ideas.  I am sorry that I cannot be more specific but more information is needed.... 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 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

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

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

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 help@smsattorneys.com to go over your options in a private consult. Licensed in New York and New Jersey.... Read More