California Divorce Legal Questions

The way you prove he has the ability to earn is to retain the services of a vocational evaluator. That person will make a report showing how much your husband can earn and places where he will qualify for employment. The court will then use that information to impute that ability to work and potential income to him. That number will affect how much, if any, spousal support you will have to pay. I strongly suggest you have your lawyer or a lawyer assist you with this process because, depending on the length of your marriage, spousal support could become quite burdensome. Good luck.... Read More

You need to file a Request for Order (http://www.courts.ca.gov/documents/fl300.pdf) and Income and Expense Declaration (http://www.courts.ca.gov/documents/fl150.pdf).  You should have your ex personally served if this is your first post-judgment motion (request for order).  You can seek enforcement of the current orders and arrears that have accumulated since your last order.  You can also seek a modification of spousal support from the date that you file your request for order forward.   Best of luck! ... Read More

In order to be valid service of process, your  husband must have you personally served. That does not mean you should ignore the papers, either. The best and safest practice is to take your papers to an attorney and file a Response as soon as possible. This protects you legally and prevents your husband from being able to take your default and enter a judgment without your knowledge.... Read More

You can file for divorce and, if he hasn't been found by the time you need to serve him, the court can give you permission to serve him by publication in a newspaper of general circulation in the town of his last known residence. If the car he took is community property, it should be listed in your divorce petition.... Read More

You need to file for divorce where you reside. He must be served with the papers in person or if necessary by publication. In California it will take 180 days from the date he is served to get a divorce. If you don't live in California check with a local attorney to see how long it will take.... Read More

I can't say how much it would reduce spousal support but it will certainly have an impact on how much you will pay. I strongly suggest you get a lawyer to help you through this because how you approach and handle it is very important. If you can't afford a lawyer for the entire case, you can hire a lawyer for limited scope representation on this one issue. A vocational evaluator should absolutely be retained in your case.... Read More

Hello,  All propery that is  acquired during the marriage through time, effort or skill is community property. Property purchased before the marraige and property inherited is not community property- it is separate property. However, if you are referring to real property and you used community monies to pay down the mortgage, the other spouse may have a small interest in the property, called a Moore-Marsden interest.... Read More

Hello,   So long as one of you are a resident of the state of California and you both agree on the terms of the divorce, it can be completed in California. You should think about hiring a paralegal to complete the paperwork if you cannot afford an attorney to avoid any snags in the process. A paralegal is a document preparer. He or she cannot give legal advice, but can assist in the divorce process by preparing and filing all paperwork for you.    ... Read More

It is difficult to be certain from the information provided, but it very much looks as though the Court considered the request by the opposing party as an oral motion. As the reopening of discovery is a procedural issue the court did have discretion to consider an oral motion. If the request was made during the same proceeding where the trial date was continued or the first appearance by the parties at Court after trial was continued by the Court on it's own, then it was completely appropriate to ask to re-open discovery at that time. Other than possibly causing further delay and cost what would you hope to gain by requiring the filing of a written motion? Unless there is a showing of undue prejudice these requests are granted the vast majority of the time. You should consult with an experienced legal counsel in your area as soon as possible.... Read More

If he has been served with divorce papers and more than 30 days have gone by, you need to file a request for entry of his default. If it is only a restraining order and you have one in place already, there is nothing more to do unless you want to file another restraining order against him. In any event, he does not have to sign anything if he has been properly served with the papers. Simply take the proof of service and the request to enter default to the court for processing. you can go from there to get your divorce and your husband can't be heard in court unless you agree to set aside the default. You might need the help of a paralegal or a lawyer good luck... Read More

Your questions have several complex layers and a consultation with an attorney should prove helpful. You should have the children living with you so you may attempt to make a child support claim. The higher earner does have a duty to support the other spouse. I would be interested in knowing how the other spouse has supported himself since separation.... Read More

Since only case case requests a divorce you should proceed with your action. If the court's want to consolidate the two cases it will do that at some point. In many cases the two spouses will agree in writing to consolidate the two cases and have each other's petition deemed a response to the other Petition. This could save each of you filing fees in the other case.... Read More

You should determine whether she has taken your default.  You can do this by checking with your local family court clerk's office.  If she has taken your default, then you may either file a request for order to set aside the default or you can consult with an attorney to determine whether it is in your interest to do so.  If she hasn't taken your default, you can file a response now even though the 30 days have passed.  ... Read More