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Divorce
California
Recent Legal Answers
You can get divorced in the county where you are a resident no matter where you got married.
It means nothing is owed now. But it could be in the future.
Yes. Length of marriage is from date of marriage to date of separation.
Since her marriage is invalid she is still married to you. You cannot legally remove her from your health insurance until you are finally divorced.
Only if your divorce judgment reserved the right to spousal support.
Get a lawyer and file papers with the court. You need a document called a QDRO.
You can remarry if the notice of entry of judgment has a date on it that shows the date your divorce became final.
Perhaps you should think again about marrying this person. This is disposable marriage. Perhaps a Domestic Partnership would be best should you... Read More
There is no doubt you will be sued if there is a law suit. A defense can be developed to remove your liability, but there is not a guarantee you can... Read More
You can file the Petition only knowing her name. You will then need to try to investigate and check records to locate the spouse. You will need to... Read More
If there is a debt as you described that was not included in the Judgment, and perhaps not disclosed on his Schedule of Assets and Debts, a motion... Read More
Each spouse does not have to leave a community residence unless there is a court order to do so. If you move out either voluntarily or by court... Read More
She can get one-half of whatever part of your pensions were acquired during your marriage. They are treated as community property and equally divided... Read More
No. It is a new marriage and the date of marriage and any date of separation will not count the first marriage.
You are entitled to one-half of the value of the 401k which was earned during marriage.
We would first need to examine what portion of the retirement accounts are community. The community interest is then divided between the two... Read More
A divorce judgment can be signed by both spouses along with other required documents. The documents are then submitted to the family law clerk for... Read More
An award of a pension would be 50% of the community's interest. The award should be reflected in the Judgment and later in a Qualified Domestic... Read More
Each spouse is entitled to one-half of all assets acquired from the date of marriage until the date of separation. This includes retirement... Read More
Anything acquired after your divorce is final is your separate property. It doesn't belong to your prior spouse.
Get something filed within 30 days of when you were served. If you haven't filed yet, do it now.
You can file your own divorce case and serve him with it. Then if he does not respond within 30 days of service you can request that a default be... Read More
Yes, depending on the nature of the lawsuit you may have a storng arugment that it is community property, and that you are entitled to a 50% share.... Read More
You always have a right to request child support for minor children. With respect to spousal support, you would have to look at the language of the... Read More