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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 11
Do you have any California Divorce questions page 11 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

What are my rights to stay until I have enough to move?

Answered 9 years and 11 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Tell him to move out and you get a roommate. He cannot force you to move out without showing the court that you have committed physical or emotional violence on him our the kids. I urge you to see a family law attorney immediately. It would be better for him to move so the kids can stay in the home.... Read More
Tell him to move out and you get a roommate. He cannot force you to move out without showing the court that you have committed physical or emotional... Read More

Do I have to comply since I removed her far before the divorce petition filing when the ATRO was not in effect?

Answered 9 years and 11 months ago by Loren Paul Zahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
ATROS don't apply for each party until the following happens: until the divorce is filed (on the Petitioner) and served (on the Respondent). If health insurance was terminated prior to the Petition being served on you, then you have no obligation to add her back onto the insurance.
ATROS don't apply for each party until the following happens: until the divorce is filed (on the Petitioner) and served (on the Respondent). If... Read More

Since this is a community property state, should the proceeds be divided evenly in a divorce?

Answered 9 years and 11 months ago by Loren Paul Zahn (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Property acquired prior to marriage is the separate property of the person who acquired it. It is unclear from your question if there were principal reduction payments made during the marriage, but if the property was purchased outright prior to marriage, then it is wholly separate property. As such, he is wrong that he should receive his initial investment back. It is entirely his property and you would receive nothing. Given that the facts are extremely important to this issue and each case is unique, I strongly suggest talking with a family law attorney prior to working out an agreement on the division of this asset.... Read More
Property acquired prior to marriage is the separate property of the person who acquired it. It is unclear from your question if there were principal... Read More

Since this is a community property state, should the proceeds be divided evenly in a divorce?

Answered 9 years and 11 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Your partner is right. The separate property portion is distributed first and then the community property equity is split. The line of cases handling this is *Moore-Marsden*. You should meet with a family law attorney to make sure all of the issues relating to this kind of case are covered. Good luck.... Read More
Your partner is right. The separate property portion is distributed first and then the community property equity is split. The line of cases... Read More

Does a judge have jurisdiction to make such a ruling?

Answered 9 years and 11 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I don't really understand your question. The judge has jurisdiction over all the assets, debts and issues acquired or incurred during marriage. hope this helps.
I don't really understand your question. The judge has jurisdiction over all the assets, debts and issues acquired or incurred during marriage. hope... Read More

Can I divorce my wife while she lives in Mexico?

Answered 9 years and 11 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can get a divorce from her without her signing anything. You just have to get her served properly with the initiating papers. Contact a paralegal where you live to get some help and a cost estimate. It shouldn't be too much Good luck.
You can get a divorce from her without her signing anything. You just have to get her served properly with the initiating papers. Contact a... Read More

What's next after you receive a paperwork saying notice of entry of judgment?

Answered 9 years and 11 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The notice of entry of judgment should have a date on it that shows the day your divorce is final. Look it over carefully.
The notice of entry of judgment should have a date on it that shows the day your divorce is final. Look it over carefully.

Is there any way I can get a divorce if she won’t come to US, and I can’t go to Europe?

Answered 9 years and 11 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file for divorce where you are a six month resident and have your wife served with papers at her residence in Europe. Get a paralegal to help you with this as it can be a little difficult. Good luck.
You can file for divorce where you are a six month resident and have your wife served with papers at her residence in Europe. Get a paralegal to... Read More

How do we get our divorce final judgement?

Answered 9 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your judgment package is already submitted and the site says its received, then you should contact the court to find out when it will be processed. The longest is usually 3 months but you have already passed that. You need to make sure that the court did not misplace your papers.
If your judgment package is already submitted and the site says its received, then you should contact the court to find out when it will be... Read More

Filling previous year's tax return if divorced

Answered 9 years and 11 months ago by Cathy Lynn Naugle (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your question would best be answered by an accountant, or by contacting the IRS.    
Your question would best be answered by an accountant, or by contacting the IRS.    

Can my ex-spouse claim spousal support after she waived it 5 years ago?

Answered 9 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there was a true waiver it should stand. An attorney will have to review your court judgment to see if your waiver was done correctly.
If there was a true waiver it should stand. An attorney will have to review your court judgment to see if your waiver was done correctly.

What do I do if my husband is blackmailing me that if I don't let my 7 month old daughter go with him to India, he will file a divorce me?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Tell him to go ahead and file for divorce. Then he will be prohibited by law from taking the child out of California and you can request child support and spousal support from him. A 7 month old baby does not need to go to India unless she is traveling with both parents.
Tell him to go ahead and file for divorce. Then he will be prohibited by law from taking the child out of California and you can request child... Read More

What options do I have to push the divorce process forward?

Answered 10 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
File and serve a memo to set the case for settlement conference and trial Good luck.
File and serve a memo to set the case for settlement conference and trial Good luck.

How do I make a written request to get a divorce copy?

Answered 10 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Contact the court and ask how much a copy will cost. Then send a letter with a pre-addressed return envelope with postage on it to the court along with a check for copy costs. Sometimes it is easier to hire a runner to go to the court and have a copy made. Good luck.
Contact the court and ask how much a copy will cost. Then send a letter with a pre-addressed return envelope with postage on it to the court along... Read More

How can I take my name off a car that I cosigned with my wife?

Answered 10 years ago by Loren Paul Zahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I presume you are referring to the loan on the vehicle, and not the title. As part of the settlement, your wife can be ordered to refinance the car within a certain period of time or be forced to sell the property.
I presume you are referring to the loan on the vehicle, and not the title. As part of the settlement, your wife can be ordered to refinance the car... Read More

If I bought my home 3 years before I got married and I’ve been married for 1 year, how do I get my spouse out of the home?

Answered 10 years ago by Loren Paul Zahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
After you file for divorce or legal separation, the court can order your spouse to leave, however the spouse has acquired an interest in your separate property by virtue of principal reduction payments made during the marriage. Expect that you will have to come up with some money to buyout the interest in the house.... Read More
After you file for divorce or legal separation, the court can order your spouse to leave, however the spouse has acquired an interest in your... Read More

Is okay to start a business if we separated or should I wait?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can start a business and it will be your separate property. However, be careful if you use community money for the business that has not yet been divided, then an argument could be made that the community either has an interest in the business or is entitled to reimbursement. You can consult with an attorney when you start up your business.... Read More
You can start a business and it will be your separate property. However, be careful if you use community money for the business that has not yet... Read More

What is my statute of limitation after 23 years of marriage and will I have any entitlement of his retirement pay?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have rights to the community retirement plans. You can request your interest in the divorce action and then obtain a court order called a Qualified Domestic Relations Order that is sent to the retirement plan to obtain your interest or payments.
You have rights to the community retirement plans. You can request your interest in the divorce action and then obtain a court order called a... Read More

What do I do if I want to get married here in US with my longtime boyfriend, but I’m still married in the Philippines since 2009?

Answered 10 years ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you are married anywhere in the world, you need to get divorced and then remarry. If you don't do that, your new marriage will be null and void...also bigamous. Get a divorce. A paralegal can probably help you through the process based on the length of time that has passed since you separated from your first husband.... Read More
If you are married anywhere in the world, you need to get divorced and then remarry. If you don't do that, your new marriage will be null and... Read More

What do I do if I want to get married here in US with my longtime boyfriend, but I’m still married in the Philippines since 2009?

Answered 10 years ago by Loren Paul Zahn (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You need to divorce your husband before you get married. Provided you can serve your husband with the divorce paperwork, you can file for divorce in the state and county you reside in (provided that you have lived there for 6 months and 3 months, respectively).
You need to divorce your husband before you get married. Provided you can serve your husband with the divorce paperwork, you can file for divorce in... Read More

Can we get married again as a way to change our names?

Answered 10 years ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
The law at least in California is that you can use any name you want so long as it is not for the purpose of committing fraud. Go to DMV and get a new driver's license. Take your marriage certificate with you. Contact Social Security to make a name change. You should be OK. If that doesn't work you can file an action with the court for a name change but you certainly don't have to get married again. Good luck.... Read More
The law at least in California is that you can use any name you want so long as it is not for the purpose of committing fraud. Go to DMV and get a... Read More

Can I file for divorce in the US if I am a US citizen who got married in another country?

Answered 10 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file for divorce or legal separation where you are a legal resident for at least three months before filing. It doesn't matter where you got married. Service on the other side will require and out of country process server so you will need the help of an attorney or paralegal. Good luck.... Read More
You can file for divorce or legal separation where you are a legal resident for at least three months before filing. It doesn't matter where you got... Read More

Where do we file for divorce if we were married in the US but now we both live in Mexico?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You probably would request a divorce in Mexico. For California to have jurisdiction, one of the spouses would have to live in the State for 6 months and 3 months in one county.
You probably would request a divorce in Mexico. For California to have jurisdiction, one of the spouses would have to live in the State for 6 months... Read More

How do I get a divorce if my husband abandoned me 4 years ago and I have no idea where he lives?

Answered 10 years and a month ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The court can give you an order to serve him by publication. Get a paralegal to help you with this Good luck.
The court can give you an order to serve him by publication. Get a paralegal to help you with this Good luck.

How do I file for divorce if the marriage occurred in a different state?

Answered 10 years and a month ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You can file for divorce where you live...it doesn't matter where you were married. If you don't know where your spouse is living, you can ask the court to serve him by publication in the newspaper in the city/town of his last known residence. The other side does not have to sign anything. He just has to be served in person or by publication. Good luck.... Read More
You can file for divorce where you live...it doesn't matter where you were married. If you don't know where your spouse is living, you can ask the... Read More
Divorce
California

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