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 15
Do you have any California Divorce questions page 15 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 409 previously answered California Divorce questions.

Recent Legal Answers

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

Answered 10 years and 7 months ago by Norman Harry Green (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
You inheritance is your separate property unless you have done something to convert it into community property.
You inheritance is your separate property unless you have done something to convert it into community property.

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

Answered 10 years and 7 months ago by Thomas Phillip Boggess (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
There are two aspects. First, if you two agree to a split of assets, it should be honored unless it appears completely unfair. Second, if your inheritance was not commingled with your joint assets, you should be able to keep your inheritance. However, it may require some fighting to get it done if he doesn?t agree to it.... Read More
There are two aspects. First, if you two agree to a split of assets, it should be honored unless it appears completely unfair. Second, if your... Read More

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

Answered 10 years and 7 months ago by Mr. James G Maguire (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
If the inheritance was kept separate from the community property owned by you and your husband, it should not be an issue in the divorce.
If the inheritance was kept separate from the community property owned by you and your husband, it should not be an issue in the divorce.

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

Answered 10 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
In Florida it depends on how the assets have been held or owned since they came to you. Best to have an attorney look at it.
In Florida it depends on how the assets have been held or owned since they came to you. Best to have an attorney look at it.

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

Answered 10 years and 7 months ago by Atty. Tajara Dommershausen (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
If you kept it separate you are fine.
If you kept it separate you are fine.

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

Answered 10 years and 7 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
Yes, after five years your inheritance may be at risk. See a divorce lawyer. The Oregon State Bar has a lawyer referral service, you can get some names in your area who will give a low-cost consultation.
Yes, after five years your inheritance may be at risk. See a divorce lawyer. The Oregon State Bar has a lawyer referral service, you can get some... Read More

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

Answered 10 years and 7 months ago by Edwin K. Niles (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
If you can trace the inheritance it is still your separate property and your spouse would have no claim. If it has been co-mingled with other assets so as to be untraceable, you will have a problem.
If you can trace the inheritance it is still your separate property and your spouse would have no claim. If it has been co-mingled with other assets... Read More

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

Answered 10 years and 7 months ago by Denise Marie McBride (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
If you received all of your inheritance over five years ago, it is probably considered a marital asset at this time. You definitely should seek assistance from an attorney since some assets may be excluded, even though unlikely.
If you received all of your inheritance over five years ago, it is probably considered a marital asset at this time. You definitely should seek... Read More

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

Answered 10 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
In California inheritance is your separate property and is not subject to division in a divorce. Just be careful not to commingle that property with anything that is community property.
In California inheritance is your separate property and is not subject to division in a divorce. Just be careful not to commingle that property with... Read More

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

Answered 10 years and 7 months ago by Georges Herman Shers (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
If you did not commingle the inheritance [kept it separate from the joint family funds] then even a relatively poor divorce attorney should be able to show that the funds are separate from the martial assets and remain solely yours.
If you did not commingle the inheritance [kept it separate from the joint family funds] then even a relatively poor divorce attorney should be able... Read More

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

Answered 10 years and 7 months ago by Diane L. Berger (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
If the inheritance was kept separate it will not be part of the divorce.
If the inheritance was kept separate it will not be part of the divorce.

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

Answered 10 years and 7 months ago by Victor L. Waid (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
Suggest you obtain the services of a good family law lawyer to represent you in the divorce; you may cost yourself serious money. The old saying still remains, a ounce of prevention is cheaper than a pound of cure.
Suggest you obtain the services of a good family law lawyer to represent you in the divorce; you may cost yourself serious money. The old saying... Read More

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

Answered 10 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
It depends, the devil is inn The detail and you will need an experienced attorney.
It depends, the devil is inn The detail and you will need an experienced attorney.

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

Answered 10 years and 7 months ago by Randall C. Romei (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Divorce
You should discuss the specifics of your situation with a family law attorney. In general, an inheritance, if kept strictly separate from other assets would be classified as non-marital property. Even so, under certain circumstances, it may be possible for a non-marital asset to impact the division of marital assets in the property settlement agreement.... Read More
You should discuss the specifics of your situation with a family law attorney. In general, an inheritance, if kept strictly separate from other... Read More

Could an estranged husband file a petition for sale?

Answered 10 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
The husband can file a petition or motion. He'll have to serve notice on the wife, who must have a chance to object.
The husband can file a petition or motion. He'll have to serve notice on the wife, who must have a chance to object.

Can I file and get my divorce without his signature and how?

Answered 10 years and 8 months ago by Donald E Oliver (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Do you know where he is? If so, you can file a Petition for Dissolution of Marriage with a Summons and have him personally served by the County Sheriff in the county where he resides (even if he is out of state). Once he is personally served and the proof of service is filed with the court in which the dissolution case is filed, he has 30 days to file an answer or you can file a motion for default. Once the motion for default is granted, you can file a judgment for dissolution of marriage. Your marriage is OVER when the judge signs the judgment.... Read More
Do you know where he is? If so, you can file a Petition for Dissolution of Marriage with a Summons and have him personally served by the County... Read More

Is the opinion of the child ever taken into consideration in a divorce? How?

Answered 10 years and 8 months ago by Ms. Kimberly Demetrice French (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
A child's opinion about whether to live with mom or dad is considered once he or she turns 12 years old. Typically, courts want to encourage the parents to agree on the conservatorship of the children. Consulting the child involved is usually the court's last resort.
A child's opinion about whether to live with mom or dad is considered once he or she turns 12 years old. Typically, courts want to encourage the... Read More

Can my husband lock me out and change the locks if he owns house but I've been living there for 5 years?

Answered 10 years and 8 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Bad police work. The police should escort you in. Husband needs a Court order to oust you; he can try for one via the Family Court as kick-out order or the Civil Court as an eviction order.
Bad police work. The police should escort you in. Husband needs a Court order to oust you; he can try for one via the Family Court as kick-out... Read More

Is there a way to respond to a divorce after the 30 days have passed?

Answered 10 years and 8 months ago by John F. Brennan (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
Yes, better late than never, and hire an attorney.
Yes, better late than never, and hire an attorney.

Is there a way to respond to a divorce after the 30 days have passed?

Answered 10 years and 8 months ago by Diane L. Berger (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
You can file a Motion to allow you to "answer out of time."
You can file a Motion to allow you to "answer out of time."

Is there a way to respond to a divorce after the 30 days have passed?

Answered 10 years and 8 months ago by Julie Anne Ringquist (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
You may respond until your spouse files a request that the court take a default against you and requests a judgment without your input. I would rather be safe than sorry, unless you are absolutely sure they won't file those papers.
You may respond until your spouse files a request that the court take a default against you and requests a judgment without your input. I would... Read More

Is there a way to respond to a divorce after the 30 days have passed?

Answered 10 years and 8 months ago by Helene Ellenbogen (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
Yes, you had a duty to respond after 20 days. Just because you're in mediation, does not absolve you from that duty, unless of course you have already filed an agreed order or a notice of settlement of the case.
Yes, you had a duty to respond after 20 days. Just because you're in mediation, does not absolve you from that duty, unless of course you have... Read More

Is there a way to respond to a divorce after the 30 days have passed?

Answered 10 years and 8 months ago by Dennis Joel Leffert (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
If the Court has not already entered a Final Judgement of Dissolution, there may still be time for you to respond. Prepare your response, go down to the Courthouse and file it immediately. Don't forget to have a copy of your response served on your spouse.
If the Court has not already entered a Final Judgement of Dissolution, there may still be time for you to respond. Prepare your response, go down to... Read More

Does adultery affect divorce?

Answered 10 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Divorce
In California we have no fault divorce. The adultery will not effect the division of assets or debts.
In California we have no fault divorce. The adultery will not effect the division of assets or debts.

Does adultery affect divorce?

Answered 10 years and 8 months ago by Julie Anne Ringquist (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Divorce
No, it does not change the financial aspects of divorce.
No, it does not change the financial aspects of divorce.