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 4
Do you have any California Divorce questions page 4 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

How far back can my soon-to-be ex-wife go back to collect half of what I paid another woman for child support?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In most cases the community does not have a right to reimbursement. The exception is if it is proven that the obligor spouse had a separate estate that could have been used to pay the debt but was not used. In that case, the reimbursement can go back no more than 3 years.
In most cases the community does not have a right to reimbursement. The exception is if it is proven that the obligor spouse had a separate estate... Read More

Is my marriage on June 28, 2011 legal if my final judgement of my divorce in another state not valid until September 5 2011?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
No. You need to get the divorce judgment pushed back. File a motion with the court for a "nunc pro tunc" judgment. You will probably need a lawyer to do this. Option 2: get married to the new spouse again.
No. You need to get the divorce judgment pushed back. File a motion with the court for a "nunc pro tunc" judgment. You will probably need a... Read More

Is my marriage on June 28, 2011 legal if my final judgement of my divorce in another state not valid until September 5 2011?

Answered 8 years and 8 months ago by Marshal Willick (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
No. On those facts the new marriage was void ab initio. Other rights may or may not have accrued; you should consult with a family law specialist well versed in cohabitation-related issues.
No. On those facts the new marriage was void ab initio. Other rights may or may not have accrued; you should consult with a family law specialist... Read More

How do I know if my divorce was finalized?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Check with the court where the divorce was filed.
Check with the court where the divorce was filed.

Is there an expiration deadline if my ex-wife files for divorce but I never get served?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The filing date is still good.
The filing date is still good.

If you want to separate, what do you need to do to make it legal and how do you go about that?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can separate by moving out of the house you share with your spouse. That will be the date of separation. You can file for a divorce or legal separation depending on which you want. If you file for legal separation and later decide to divorce, additional documents will need to be filed with the court and served on your spouse.... Read More
You can separate by moving out of the house you share with your spouse. That will be the date of separation. You can file for a divorce or legal... Read More

Can my ex-husband get married in Mexico even though we haven't gotten a divorce?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Not legally. If he remarries without first getting a divorce from you, he is committing bigamy and his new marriage is invalid.
Not legally. If he remarries without first getting a divorce from you, he is committing bigamy and his new marriage is invalid.

Can I reopen divorce case 20 years ago because my wife didn't declare our properties in court?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there are community properties that were not mentioned in the Judgment and not mentioned on court declarations, then you may able to ask the court to adjudicate the properties as omitted assets.
If there are community properties that were not mentioned in the Judgment and not mentioned on court declarations, then you may able to ask the court... Read More

What does the last updated shown on 3-27-2017 mean?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It could mean that the judgment was entered. You would need to post your case number or review the status in more detail.
It could mean that the judgment was entered. You would need to post your case number or review the status in more detail.

Since we have been separated for awhile, can I get married in the Philippines?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
In most jurisdictions, you must have a divorce judgment entered and final before you can marry again. This is certainly the law in California. It does not matter how long you have been separated. You should check the marriage laws in the place you want to marry.
In most jurisdictions, you must have a divorce judgment entered and final before you can marry again. This is certainly the law in California. It... Read More

Am I able to file for divorce where I live?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You generally must file for the divorce in the State where you presently reside.
You generally must file for the divorce in the State where you presently reside.

Is inheritance a conjugal property?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. Gifts and inheritances are separate property and not to be divided in a divorce.
No. Gifts and inheritances are separate property and not to be divided in a divorce.

Should I check the court if I checked online and it says it's basically done but still have received nothing in the mail?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That would be a yes.
That would be a yes.

What expenses are allowed for non custodial parent?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Please expand your question. I don't know what you are asking.
Please expand your question. I don't know what you are asking.

What do I have to do to get divorced asap and how long will the process be before I can finally be divorced?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
In California, it takes 180 days from the day the other side is served with papers.
In California, it takes 180 days from the day the other side is served with papers.

Uncontested divorce vs dissolution

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
A uncontest divorce means that you and your wife are in agreement and have resolved any issues. A contested divorce means that you do not agree and you want the court to decided. Dissoultion of marriage is the legal process of filing for a divorce in California. All dissolution of marriage actions are either contested or uncontested. Based off of your post it seems that you two could file for a dissolution of marriage and then enter into a joint stipulation of judgment. ... Read More
A uncontest divorce means that you and your wife are in agreement and have resolved any issues. A contested divorce means that you do not agree and... Read More

Can I annull my marriage that happened a week ago?

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you believe that your marriage was based on fraud then yes you can and should file a nullity of marriage asap. 
If you believe that your marriage was based on fraud then yes you can and should file a nullity of marriage asap. 

Can I still collect alimony that was awarded by the court after 3 years?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, you can if you know where he works or banks.
Yes, you can if you know where he works or banks.

Do I need an attorney in order to make a rebuttal on a contested dissolution of marriage?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You would file a Response to the Petition. It is on or before 30 days from the date you are served the Petition. You can hire a lawyer, or do the Response yourself, or get assistance in filing the Response. If you are dealing with a request for orders that have a court hearing date, you may want to consult with a lawyer about preparing a responsive declaration which is due 9 court days before the hearing.... Read More
You would file a Response to the Petition. It is on or before 30 days from the date you are served the Petition. You can hire a lawyer, or do the... Read More

Can my ex file for a divorce even though I have already served her with divorce papers?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Nothing would prevent the filing. However, you can either request that the second filed case be dismissed or that it be consolidated (joined together) with your case as the lead case. I also request that each Petition be deemed the response to the other to save court fees.
Nothing would prevent the filing. However, you can either request that the second filed case be dismissed or that it be consolidated (joined... Read More

If a couple was married in a foreign country and now lives in the US, which location's divorce laws apply?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
California would have jurisdiction over the marital status. You would have to look at where the parties where living at the time assets where acquired to determine the laws used for characterizing the property.
California would have jurisdiction over the marital status. You would have to look at where the parties where living at the time assets where... Read More

How is divorce going to affect my alimony and child support?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He is supposed to pay no matter where you are living until you remarry or pass away.
He is supposed to pay no matter where you are living until you remarry or pass away.

What should I do if I want a divorce but my spouse file for legal separation?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You file a response requesting divorce instead of legal separation.
You file a response requesting divorce instead of legal separation.

Hi there! Anyone specialize In military divorce for spouses?

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It sounds like you should file for divorce as soon as possible, request sole custody, and that you be awarded the home.
It sounds like you should file for divorce as soon as possible, request sole custody, and that you be awarded the home.

If I've been married in Mexico, can I get married to a different man in the USA?

Answered 8 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you are married anywhere in the world it is illegal to marry again without first getting divorced from the first marriage. It is called bigamy.
If you are married anywhere in the world it is illegal to marry again without first getting divorced from the first marriage. It is called bigamy.