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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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