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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 14
Do you have any California Divorce questions page 14 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

Does this mean I am already divorced?

Answered 10 years and 7 months ago by Loren Paul Zahn (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
That would be a yes.
That would be a yes.

Does this mean I am already divorced?

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
That would be a yes.
That would be a yes.

Will the settlement be taxed? How?

Answered 10 years and 7 months ago by Diane L. Berger (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
That would be a no.
That would be a no.

What would happen to my wife's immigration status after divorce?

Answered 10 years and 7 months ago by James Timothy Weiner (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
You do not give enough information to answer this question.
You do not give enough information to answer this question.

Do I have to respond to a divorce if I served him the next day? How?

Answered 10 years and 7 months ago by Aimee Carol Robbins (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
That would be a yes.
That would be a yes.

Will their online site tell me if divorce has been granted or just show that it was filed?

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There are several other documents that need to be completed and processed with the court. I suggest you go to the self help center at your local courthouse to see if you can get some guidance. If that is not available, get a paralegal to help you. It isn't hard, it is just a little cumbersome.... Read More
There are several other documents that need to be completed and processed with the court. I suggest you go to the self help center at your local... Read More

I'm a stay at home mom and have been my whole marriage, before the divorce is final is he still financially obligated to me?

Answered 10 years and 7 months ago by Julie Anne Ringquist (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He should not, but you may have to go to court to make sure he does not, or if he stops paying that you are given the support you need.
He should not, but you may have to go to court to make sure he does not, or if he stops paying that you are given the support you need.

Does the wrong birthday on my marriage certificate means that I'm not married?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
That would be a no.
That would be a no.

Is he entitled to half of what I contribute and its earnings or only that money only during the 5 years?

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your spouse is only entitled to the portion you acquired during your marriage.
Your spouse is only entitled to the portion you acquired during your marriage.

How would family inheritance be affected in a divorce?

Answered 10 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
They are between a rock and a hard place, your cousin should be engaging in attorney in the and an accountant to determine what exactly to do. Given the fact that they are no longer married she would have no spousal rights in the event of his death preceding hers. Therefore any inheritance that he might receive would not go to her. This is a relatively complex area and there are various things that might be done in order to help her situation. They should both be seeing a estate planning attorney to determine how precisely to title to read various assets and what to do regarding their expectancies.... Read More
They are between a rock and a hard place, your cousin should be engaging in attorney in the and an accountant to determine what exactly to do. Given... Read More

Can I get divorced in the US if I got married in Mexico?

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You can get divorced in any county where you are a legal resident
You can get divorced in any county where you are a legal resident

Am I divorced if this is what my status states?

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Yes you are.
Yes you are.

If I live in one state can I file for divorce in another state where my husband lives?

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your husband is a legal resident there you can file for divorce there.
If your husband is a legal resident there you can file for divorce there.

What percentage of my 401K is divided pursuant to Marriage of Brown?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The part indicated by the details you conspicuously omitted. Please get a lawyer to review your question while privy to all pertinent information.
The part indicated by the details you conspicuously omitted. Please get a lawyer to review your question while privy to all pertinent information.

Is there an expiration date on divorce paperwork that is filed?

Answered 10 years and 7 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You need an attorney to represent you and make sure the case isn't dismissed due to you being deployed and not able to attend your required court appearances. Because you are the petitioner, you MUST be at specific court dates or run the risk of having your case dismissed and then having to start from scratch.... Read More
You need an attorney to represent you and make sure the case isn't dismissed due to you being deployed and not able to attend your required court... Read More

Why would someone want to file a legal separation instead of a divorce?

Answered 10 years and 7 months ago by Dennis Joel Leffert (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
My guess is that the person is hoping that in Separation, there won't be child support and/or alimony or other issues brought up. My suggestion is that if there is to be a separation, you have a Post-Nuptial Separation Agreement prepared by a professional so that all your rights are protected. Good luck.... Read More
My guess is that the person is hoping that in Separation, there won't be child support and/or alimony or other issues brought up. My suggestion is... Read More

Is my second marriage legal if I just found out my first divorce was not finalized?

Answered 10 years and 7 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
No your current marriage is not valid. This problem MAY be able to be cured with precise procedures. This MUST be cured or you are assured to have what may be substantial problems both legal, and economic if the issue arises later in life.
No your current marriage is not valid. This problem MAY be able to be cured with precise procedures. This MUST be cured or you are assured to have... Read More

How do I protect myself in the event of a separation that my husband would withdraw all the money from the 401k plan?

Answered 10 years and 7 months ago by attorney Richard Eric Anthony Dwyer   |   2 Answers   |  Legal Topics: Divorce
Upon your filing of a petition for dissolution or legal separation, your husband would be bound by the automatic restraining orders which would prevent him from raiding his retirement accounts. Were he to do so, you could seek to hold him in contempt of Court.
Upon your filing of a petition for dissolution or legal separation, your husband would be bound by the automatic restraining orders which would... Read More

Will it take me a long time to divorce my husband?

Answered 10 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
Without a great deal more information it is impossible to estimate of the time it will take, or the cost, of a divorce. Generally divorces are completed within one year but there are exceptions. It will take at least 60 days, and perhaps 180 days depending on whether there are minor
Without a great deal more information it is impossible to estimate of the time it will take, or the cost, of a divorce. Generally divorces are... Read More

Does this divorce status mean it's not yet final?

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That is what it means
That is what it means

Is abandonment of home a valid ground for divorce?

Answered 10 years and 7 months ago by Julie Anne Ringquist (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
California and most (if not all) other states, don't' require any "grounds" for divorce other than one party wants a divorce (irreconcilable differences). If the case didn't finalize, and hasn't been dismissed, you can use the same court case number and not have to pay filing fees again.
California and most (if not all) other states, don't' require any "grounds" for divorce other than one party wants a divorce (irreconcilable... Read More

If my wife filed for divorce in 2012 and I did not respond, is it still active?

Answered 10 years and 7 months ago by Julie Anne Ringquist (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Most likely, a Default was taken and a Judgment was entered. Check into it and get a copy of the Judgment, it spells our your rights, assets and debts awarded to you, and responsibilities. If no Judgment was ever entered by the court, you may still respond and have your voice heard when the court is deciding child custody, visitation, child support, spousal support, division of assets, and responsibility/division of debts.... Read More
Most likely, a Default was taken and a Judgment was entered. Check into it and get a copy of the Judgment, it spells our your rights, assets and... Read More

Can we forego the declaration of assets and listing our private and marital properties with some form of written agreement?

Answered 10 years and 7 months ago by Julie Anne Ringquist (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In California, the parties must exchange a current Income & Expense Declaration and a Schedule of Assets & Debts, along with a Declaration of Disclosure and a Declaration regarding the service upon the other party of the other three documents. The Declaration regarding Service must be filed with the court. Each party must have a complete understanding of the nature and extent of the community and separate property of the other before a knowing settlement can be entered into, otherwise, it could be set aside later.... Read More
In California, the parties must exchange a current Income & Expense Declaration and a Schedule of Assets & Debts, along with a Declaration of... Read More

If I get a divorce, would my inheritance be impacted?

Answered 10 years and 7 months ago by Jayne L. Sebby (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
It depends on the state. Often, but not always, an inheritance is considered the property of the spouse who inherited the asset.
It depends on the state. Often, but not always, an inheritance is considered the property of the spouse who inherited the asset.
Divorce
California

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