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California Divorce Legal Questions

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409 legal questions have been posted about divorce by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
California Divorce Questions & Legal Answers - Page 10
Do you have any California Divorce questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 409 previously answered California Divorce questions.
Divorce
California

Recent Legal Answers

How do I know if a non-petitioner is already divorced?

Answered 9 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If a notice of entry of judgment has been filed with the court, then there is either a final judgment of dissolution of marriage or legal separation. The only way you can tell for sure to to look at the document entitled "Notice of Entry of Judgment". It sounds like a final judgment has been entered but the question is whether it was for divorce or legal separation. Good luck.... Read More
If a notice of entry of judgment has been filed with the court, then there is either a final judgment of dissolution of marriage or legal separation.... Read More

What do I do if my husband who is in the Philippines doesn’t want to sign the divorce I’m sending him?

Answered 9 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He doesn't have to sign. You simply have to get him served with the papers and file the original process server's proof of personal service document with the court. If he doesn't respond in 45 days, then you file a request for entry of default judgment. Good luck
He doesn't have to sign. You simply have to get him served with the papers and file the original process server's proof of personal service document... Read More

What does it mean if there is no date on item 1a of FL-825?

Answered 9 years and 9 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The Section 2 is filled out that a judgment was entered on a particular date then you are divorce.
The Section 2 is filled out that a judgment was entered on a particular date then you are divorce.

How soon can I get a divorce?

Answered 9 years and 9 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
The minimum amount of time to become unmarried (divorced) is six-months and one-day from the time of either the date the respondent is served with the Summons, or the date the respondent files a Response to the Petition. There are no exceptions to this rule. Many times we can completely process the case when the husband and wife agree on all terms of the divorce before the six-month period. Then on that preset date you wake up single.... Read More
The minimum amount of time to become unmarried (divorced) is six-months and one-day from the time of either the date the respondent is served with... Read More

How soon can I get a divorce?

Answered 9 years and 9 months ago by Barbara Peyton (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
The absolutely fastest you can get a divorce finalized in California is 180 days (basically six months) from the day the other side is served with the divorce papers. No exceptions.
The absolutely fastest you can get a divorce finalized in California is 180 days (basically six months) from the day the other side is served with... Read More

How likely is she to get spousal support awarded when she has already been self-supporting for 4 years with no change of circumstances?

Answered 9 years and 9 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It will depend on why she is seeking it, by how much your salary has increased and whether hers has gone down. I strongly urge you to get an attorney for the hearing.
It will depend on why she is seeking it, by how much your salary has increased and whether hers has gone down. I strongly urge you to get an... Read More

Is a petitioner allowed to be absent from court if represented by attorney in domestic violence case?

Answered 9 years and 9 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The Petitioner should be excluded if you object based on hearsay grounds. The Court should have dismissed the case if there was no evidence to support the case. In the second hearing exhibits can be admitted to support the case if they have proper foundation. You need to make objections to all evidence in the record.... Read More
The Petitioner should be excluded if you object based on hearsay grounds. The Court should have dismissed the case if there was no evidence to... Read More

Can I still file for spousal support even though divorce has been so long?

Answered 9 years and 9 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
To determine if you can request spousal support, you first need to look at your Judgment to see if the Court retained or terminated jurisdiction to award spousal support.
To determine if you can request spousal support, you first need to look at your Judgment to see if the Court retained or terminated jurisdiction to... Read More

If I petition in divorce to keep the house to raise a common child during marriage and respondent does not respond, what can happen?

Answered 9 years and 9 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Generally a house purchased before marriage is separate property. You may have rights for reimbursement if you contributed to the purchase of the house, remodels or improvements, or the community paid down the mortgage loan during marriage.
Generally a house purchased before marriage is separate property. You may have rights for reimbursement if you contributed to the purchase of the... Read More

Can I challenge the pre-nuptial agreement because of duress?

Answered 9 years and 9 months ago by Loren Paul Zahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It is possible to have the pre-nup thrown out but I strongly recommend hiring an attorney for this as it is a complicated legal issue.
It is possible to have the pre-nup thrown out but I strongly recommend hiring an attorney for this as it is a complicated legal issue.

Can my spouse kick me out if we both own the house?

Answered 9 years and 9 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Under California law both spouses have equal management and control of the community property. Neither can oust the other unless the court finds that one or the other Is guilty of abuse and that a continuing risk of that abuse exists. So unless that fact pattern is present in your case, your husband cannot oust you from the home.... Read More
Under California law both spouses have equal management and control of the community property. Neither can oust the other unless the court finds that... Read More

How long till I am divorced or what happens now?

Answered 9 years and 9 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you personally served your "ex" nothing will happen because the serve is invalid. If someone not related to you and over 18 years of age served the papers, you need to file the original proof of that service of process with the court and request a hearing to obtain a judgment. Good luck.... Read More
If you personally served your "ex" nothing will happen because the serve is invalid. If someone not related to you and over 18 years of age served... Read More

Is it necessary to send acknowledgment receipt if I already filed divorce response with the court?

Answered 9 years and 9 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you have filed a Response and served the other side with a copy, then no. But be sure that you have a copy of what you filed with the Court.
If you have filed a Response and served the other side with a copy, then no. But be sure that you have a copy of what you filed with the Court.

Can husband now seek to receive spousal support based on present day circumstances?

Answered 9 years and 9 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there is a court order terminating the right to receive support, no he cannot. But if the stipulation you refer to was just to stop him paying you and the court retained jurisdiction over the issue of support, yet he can...at least he can try
If there is a court order terminating the right to receive support, no he cannot. But if the stipulation you refer to was just to stop him paying... Read More

What are my rights if I want to evict her out and move in?

Answered 9 years and 9 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your brother can request exclusive use and possession order in the divorce case. You can also try to do a 60 day notice of termination of tenancy to the wife and then sue her for eviction if she does not move out.
Your brother can request exclusive use and possession order in the divorce case. You can also try to do a 60 day notice of termination of tenancy to... Read More

If the divorce has been finalized after many years, can either party re-marry now?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Once you receive a judgment saying you are divorced, you can remarry. You probably have received a Notice of Entry of Judgment which shows the date your divorce was final. If you have that, it is ok to remarry.
Once you receive a judgment saying you are divorced, you can remarry. You probably have received a Notice of Entry of Judgment which shows the date... Read More

Do I need my divorce papers to apply for part my of my husband's SS?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you were married for more than ten years, go ahead and apply for ss under his account. I don't think a divorce decree has to be shown.
If you were married for more than ten years, go ahead and apply for ss under his account. I don't think a divorce decree has to be shown.

If I got to do spouse abuse classes, can I still see my kids?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends on what the court order says. Generally, once a person attends such a class, he/she must request consideration from the court to re-start parenting time. Good luck
It depends on what the court order says. Generally, once a person attends such a class, he/she must request consideration from the court to re-start... Read More

Can I sell the car and use the money toward another car even though his name is on the registration?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. Not without a written agreement from the other side or a court order. There is a restraining order on the back of the summons which says you cannot do that. I suggest you contact the other side with your problem. If you get a negative response, file a request for order and get the permission you need from the court.... Read More
No. Not without a written agreement from the other side or a court order. There is a restraining order on the back of the summons which says you... Read More

How do I find proof of annulment or dissolution?

Answered 9 years and 10 months ago by Loren Paul Zahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
She should go to the court where it was annulled and get a copy of the Judgment.
She should go to the court where it was annulled and get a copy of the Judgment.

I filed for a legal separation in 2004 but never went to court, am I still legally separated?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you didn't carry the petition to judgment back in 2004, the case may have been dismissed after five years. The best thing to do is check with the court to see if the file is still open. You are still legally married until you have a judgment of dissolution of marriage. It is illegal for you to remarry until that happens.... Read More
If you didn't carry the petition to judgment back in 2004, the case may have been dismissed after five years. The best thing to do is check with the... Read More

If I'm married in the Philippines, can I get a divorce here in the states?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Absolutely not. If you are married under the law of any place in the world, you are considered married in the USA. If you remarry, it is bigamy. You can file for a divorce here and it should be pretty easy since you have been apart for a long time. Contact a paralegal for the most reasonable cost to get the divorce quickly. Good luck.... Read More
Absolutely not. If you are married under the law of any place in the world, you are considered married in the USA. If you remarry, it is bigamy. ... Read More

Is there a statute of limitations on alimony?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need to look at your divorce judgment. If the issue of spousal support was reserved in the judgment, she might be able to request it from the court. I strongly urge you to see a family law attorney in your community to be sure if where you stand. Do not start voluntarily paying spousal support because it could create a precedent. Please see an attorney right away.... Read More
You need to look at your divorce judgment. If the issue of spousal support was reserved in the judgment, she might be able to request it from the... Read More

How common is it for alimony to be reinstated in a situation like this?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Once he remarried your obligation ended forever. He needs to seek it from the be ex but might not be able to if that marriage is deemed annulled.
Once he remarried your obligation ended forever. He needs to seek it from the be ex but might not be able to if that marriage is deemed annulled.

Can I get married again in a different state and sign it with my new married last name and avoid having to pay the $700?

Answered 9 years and 10 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Check with the local court. Basically a name change shouldn't cost that much just a filing fee and you should be able to handle the paper work yourself. I'm not sure if you want to change the name on your nursing credential or on your driver's license. Talk to a lawyer in your county about this. The general rule is that you can use any name you want so long as it is not for the purpose of defrauding creditors. DMV and Social Security generally require some kind of document to allow a name change getting married in another state might solve your problem the cheapest way possible. But, check it out locally before going to that extreme step.... Read More
Check with the local court. Basically a name change shouldn't cost that much just a filing fee and you should be able to handle the paper work... Read More
Divorce
California

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