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 3
Do you have any California Divorce questions page 3 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

Can a mistress receive spousal support?

Answered 8 years and 6 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. It is called spousal support and spouse means marriage.
No. It is called spousal support and spouse means marriage.

Will my ex still have to pay spousal support if he moves to another state?

Answered 8 years and 6 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. Start pursuing out.
Yes. Start pursuing out.

Can I still be divorced if ex refused to sign judgment in divorce?

Answered 8 years and 6 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If the judge ordered a judgment then the judgment draft can be submitted to the court for the judge's signature. You would generally just have to file a proof of service that you mailed a copy of the proposed judgment to the other party. That triggers a 10 day period for the other party to file objections.... Read More
If the judge ordered a judgment then the judgment draft can be submitted to the court for the judge's signature. You would generally just have to... Read More

How do I get spousal support when the spouse moved out of state?

Answered 8 years and 6 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
The court can order spousal support in California. You may then have to register the CA order in NC as a foreign order to collect if the the husband does not pay.
The court can order spousal support in California. You may then have to register the CA order in NC as a foreign order to collect if the the husband... Read More

Can property before married be community property if joint bank account was used to pay mortgage?

Answered 8 years and 6 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Using joint funds to pay the mortgage does not create a 50/50 split. However the community can gain a partial interest in the property if the loan balance was paid down. Even then the other spouse would be entitled to only one-half of the community interest. You should have an attorney review the loan balances and value of the real property to make an assessment.... Read More
Using joint funds to pay the mortgage does not create a 50/50 split. However the community can gain a partial interest in the property if the loan... Read More

Is he entitled to alimony if we were together for 27 years and married for 20 years?

Answered 8 years and 6 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Both spouses are entitled to spousal support based on need of one party and the ability of the other party to pay. A marriage of long term duration (10 years+) qualifies for a long term, permanent spousal support order.
Both spouses are entitled to spousal support based on need of one party and the ability of the other party to pay. A marriage of long term duration... Read More

Is he entitled to alimony if we were together for 27 years and married for 20 years?

Answered 8 years and 6 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
A marriage of any length could give rise to an obligation of spousal support. A marriage of more than 10 year is considered a long term marriage and support can be for an indefinite period of time.
A marriage of any length could give rise to an obligation of spousal support. A marriage of more than 10 year is considered a long term marriage and... Read More

If I filed divorce and my spouse founds out and she goes a week after me and filed in another state, what happens?

Answered 8 years and 6 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The first spouse to get served with the Summons will have to litigate in the state and County on the Summons they are served with. There could be some exceptions which are to lengthy to explain here, but this is the general rule: First to get served goes to that court venue.
The first spouse to get served with the Summons will have to litigate in the state and County on the Summons they are served with. There could be... Read More

If i dont have spouse address to serve her, how to proceed with divorce?

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can ask the court for an order to post the summons (service by publication) in a newspaper. If granted, you will be able to proceed by default if she fails to file an answer.
You can ask the court for an order to post the summons (service by publication) in a newspaper. If granted, you will be able to proceed by default if... Read More

What are the parameters of proving cohabitation?

Answered 8 years and 7 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Cohabitation is only a "presumption" that the need for spousal support has diminished or no longer necessary. The Payor must prove much more than simply cohabitation. As an example, but not exhaustive proving the cohabitant is paying the bills of ex-wife is one part. This issue requires a sound litigation strategy which this firm offers.... Read More
Cohabitation is only a "presumption" that the need for spousal support has diminished or no longer necessary. The Payor must prove much more than... Read More

Can my husband kick me out of the house if he owns the house and is paying the mortgage?

Answered 8 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there is no domestic violence and the house was acquired during your marriage there probably is no basis to force you to move out. But you can be forced to pay the rent or mortgage if you are living there.
If there is no domestic violence and the house was acquired during your marriage there probably is no basis to force you to move out. But you can be... Read More

What percentage of ownership am I entitled to for community property, if any?

Answered 8 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
what your husband owns is community property and you are entitled to 50% of whatever the value of that may be.
what your husband owns is community property and you are entitled to 50% of whatever the value of that may be.

Can my ex stop paying alimony because I am cohabiting?

Answered 8 years and 7 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The obligor spouse would have to go to court and prove that you are cohabiting and that you are benefiting financially from it.
The obligor spouse would have to go to court and prove that you are cohabiting and that you are benefiting financially from it.

If I have been married for less than four months and I would like to get a divorce, do I need to go through court?

Answered 8 years and 7 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you are legally married, then the only way to dissolve the marriage is by filing a divorce proceeding in the Court.
If you are legally married, then the only way to dissolve the marriage is by filing a divorce proceeding in the Court.

Am I officially divorced if the status of my divorce says Statistical Dissolution 05/29/2017?

Answered 8 years and 7 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That would appear to be an entry of the divorce judgment.
That would appear to be an entry of the divorce judgment.

Can you collect palimony if you were legally married to someone else?

Answered 8 years and 7 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Palimony is based on contractual facts, where the court would like to whether there was an agreement that the parties would live together as a couple and there would be an obligation to support. These cases are not common and very difficult to succeed. I do not think that a legal marriage to another would be dispositive of a palimony determination, but it may be considered as a piece of evidence in determining what the relationship between the parties was.... Read More
Palimony is based on contractual facts, where the court would like to whether there was an agreement that the parties would live together as a couple... Read More

Is it possible to get a divorce wherd after a certain amount of time the divorce will be final without the other parties signature

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, you could ask the court for an order to serve the respondent by mail and then proceed by default.
Yes, you could ask the court for an order to serve the respondent by mail and then proceed by default.

Is the divorce still valid if a child was never mentioned in the process?

Answered 8 years and 7 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The fact that a child was omitted from the divorce case should have no effect on the validity of the divorce.
The fact that a child was omitted from the divorce case should have no effect on the validity of the divorce.

If wife got pregnant with someone else before we got married and I want a divorce , will I be liable for the baby and spousal support?

Answered 8 years and 7 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends if you are the legal father or not. Is there another man who is the legal father? You should explore the facts of your case with a paternity law expert. It is important where the child lived immediately after the birth, how many days passed from the birth to the marriage, how old is the child now, did any man sign a declaration of paternity at the time of the birth.... Read More
It depends if you are the legal father or not. Is there another man who is the legal father? You should explore the facts of your case with a... Read More

If I am a US citizen but have a previous marriage in the Philippines, do I have to file a divorce to remarry here?

Answered 8 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, no matter how long separated you are still legally married. Get a divorce before remarrying.
Yes, no matter how long separated you are still legally married. Get a divorce before remarrying.

Is there an actual certificate you get when the divorce is finalized?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
There is a Notice of Entry of Judgment you should receive by mail or check with the court to see if it is in your file. It will say on it the date your divorce is final.
There is a Notice of Entry of Judgment you should receive by mail or check with the court to see if it is in your file. It will say on it the date... Read More

Do I have any legal recourse on his 401(k) Gross Distribution?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In a divorce action, your husband would be charged with the distribution. You would either be awarded other assets or he would owe you your half of the distribution.
In a divorce action, your husband would be charged with the distribution. You would either be awarded other assets or he would owe you your half of... Read More

How long after the clerk file stamps everything will the judge sign and make it final?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In Los Angeles, the court can take anywhere from 8 to 12 weeks to process a divorce judgment. They have a sign in room 426 which lists the submission date of the judgments they are presently processing.
In Los Angeles, the court can take anywhere from 8 to 12 weeks to process a divorce judgment. They have a sign in room 426 which lists the... Read More

With no substantial change in our living circumstances, is it likely he will be successful if he's asking for spousal support from me now?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your ex-spouse has been self supporting for 9 years and there is no change of circumstances it is unlikely that there would be support awarded. However, it is possible if genuine need for support can be proven and you have an ability to pay support.
If your ex-spouse has been self supporting for 9 years and there is no change of circumstances it is unlikely that there would be support awarded.... Read More

How much spousal support do I have to pay if I was married for 12 years and net income about $130K a year?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
A very general rule is 40% of your net after tax income less 50% of your spouses after tax net income income. This is very general and can have other limitations based on necessary living expenses and the other spouses needs and the marital standard of living. A thorough analysis is generally required to get a range of possible outcomes.... Read More
A very general rule is 40% of your net after tax income less 50% of your spouses after tax net income income. This is very general and can have other... Read More