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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 6
Do you have any California Divorce questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 409 previously answered California Divorce questions.
Divorce
California

Recent Legal Answers

Can my husband sell our vehicles before he serves me divorce papers just because?

Answered 8 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the vehicles are in his name, there would not be anything to stop him. He would have to account for the funds. Your remedy would to file a divorce action and request a court order from the judge that prohibits the sale. The automatic restraining order may prohibit the sale upon service of the summons and Petition upon him.... Read More
If the vehicles are in his name, there would not be anything to stop him. He would have to account for the funds. Your remedy would to file a... Read More

If my husband is going to jail and is letting his girlfriend keep the car that is registered to us both, what can I do?

Answered 8 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can ask a judge in your divorce action to give you temporary possession and control of the car until your divorce case is final. You should have an owner's insurance policy with coverage of $15,000, $30,000, $5000 minimum limits to protect yourself if they have no insurance.
You can ask a judge in your divorce action to give you temporary possession and control of the car until your divorce case is final. You should have... Read More

What do I do if I paid for a divorce, it's been 3 years and the guy’s never done anything?

Answered 8 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You should probably proceed on your own or with a new attorney. Request in writing that the attorney provide you with an accounting of his work and a refund, and a copy of all documents in your file.
You should probably proceed on your own or with a new attorney. Request in writing that the attorney provide you with an accounting of his work and... Read More

what will happen if i have a temporary spousal hearing tomorrow and my lawyer quit on me yesterday

Answered 8 years and 11 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You should request a continuance so that you can seek new legal counsel. 
You should request a continuance so that you can seek new legal counsel. 

Will I have to pay allimony and court fees

Answered 8 years and 11 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No you do not need an attorney, but you will regret not having one in the end. Yes, it's possible that you could be ordered to pay alimony, but, it's possible that he could be ordered to pay you as well. It sounds like you have a lot to lose and it would be in your best interest to hire an attorney to fight this case for you. Since the other party has an attonrey, it goes without saying that you should have one.... Read More
No you do not need an attorney, but you will regret not having one in the end. Yes, it's possible that you could be ordered to pay alimony, but, it's... Read More

Is there a statue of limitations regarding alimony?

Answered 9 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. You can take collecting action on the unpaid judgment. You will need a lawyer to handle this. I don't know if a paralegal could handle it.
No. You can take collecting action on the unpaid judgment. You will need a lawyer to handle this. I don't know if a paralegal could handle it.

If my daughter is living in a different state, she moved here from the state where her husband still resides, where does she file for her divorce?

Answered 9 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
She files in the county where she has lived for at least 3 months or where he is now living except for restraining orders.
She files in the county where she has lived for at least 3 months or where he is now living except for restraining orders.

Is it possible to file a divorce here in the US if my ex-husband is in the Philippines even if I am not a green card holder?

Answered 9 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes. File in the county where you have resided for six months. Also, talk to an immigration lawyer before you file.
Yes. File in the county where you have resided for six months. Also, talk to an immigration lawyer before you file.

If my wife, a citizen of Australia left the US in 2003, how do I file to get a divorce or annulment 13 years later if she can't be located?

Answered 9 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You file where you are a resident. If you can't find your spouse the Court had a procedure whereby you can serve the papers by publication in the town of last known residence.
You file where you are a resident. If you can't find your spouse the Court had a procedure whereby you can serve the papers by publication in the... Read More

Can I set a divorce hearing even though the processed server was unable to serve my husband?

Answered 9 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need to effectuate service to proceed with the case. If you cannot locate your husband, then you have to apply to a judge to serve the Petition by publication in a newspaper.
You need to effectuate service to proceed with the case. If you cannot locate your husband, then you have to apply to a judge to serve the Petition... Read More

If my husband and I are getting divorce, neither of us have any assets, can I just sign the divorce papers without going to court?

Answered 9 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your options are still somewhat complex. You can be defaulted if you and your husband enter a written agreement for judgment. Or, you can file a response and do your declaration of disclosure forms and then do an uncontested judgment with your husband. With respect to the children, you still should have a specific parenting plan in writing in the judgment. A consultation with an attorney would prove helpful.... Read More
Your options are still somewhat complex. You can be defaulted if you and your husband enter a written agreement for judgment. Or, you can file a... Read More

If my spouse and I have been separated since December 12, when can I dispose of his things, because he has not responded?

Answered 9 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can't dispose of anything. You need a court order to do so. file a request for order with the court to get this handled. On the back of the summons in your divorce case there is a restraining order preventing you from disposing of any property belonging to either party.
You can't dispose of anything. You need a court order to do so. file a request for order with the court to get this handled. On the back of the... Read More

Is there any way he can still claim a portion of the value of the home even though the title is only under my name?

Answered 9 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It appears your sister may have reimbursement liability only if she used any community funds to maintain the property. However, it does not appear that the husband would have any interest in the property itself.
It appears your sister may have reimbursement liability only if she used any community funds to maintain the property. However, it does not appear... Read More

Can a bank legally make me sign a grant deed over to my husband in order to obtain a loan and promise to reverse it?

Answered 9 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No one can remove your name from title. The question is do you knowingly remove your name from title. If the home is community property you can place a lis pendens on the property and litigate your claim in the divorce case. You can claim that the home is being held in a constructive trust for the community. You should consult with a lawyer to protect your rights.... Read More
No one can remove your name from title. The question is do you knowingly remove your name from title. If the home is community property you can... Read More

I need help please. My ex is leaving our kids home alone all the time. There are no custody in place. It's shared right now. Just filed 2 weeks ago

Answered 9 years ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It sounds like you will need to file a RFO for child custody and visitation. If you cannot afford to hire an attorney you should try the local self-help center at your County Courthouse.
It sounds like you will need to file a RFO for child custody and visitation. If you cannot afford to hire an attorney you should try the local... Read More

If my previous application for divorce was dismissed, do I need to re-file again at the same courthouse? Or can I file at a different courthouse?

Answered 9 years ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If your sure that the case was dismissed you can file a new action in any proper county. You can file in the County where either you or your wife have lived for the past 3 months.
If your sure that the case was dismissed you can file a new action in any proper county. You can file in the County where either you or your wife... Read More

How can I marry US Citizen while my status in my country is married?

Answered 9 years ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can't. If you are married anywhere in the world, you are married here. Marrying someone else before a divorce from the other marriage is bigamy. divorce the other person then get married again.
You can't. If you are married anywhere in the world, you are married here. Marrying someone else before a divorce from the other marriage is... Read More

Will inheritance money be kept separate in a divorce or is it shared property?

Answered 9 years and a month ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Inheritance money, real property and tangible items are separate property when received. As long as they are not comingled later they stay separate property. Sometimes money accounts inherited are mixed with income funds. That creates a huge problem.
Inheritance money, real property and tangible items are separate property when received. As long as they are not comingled later they stay separate... Read More

To obtain a marriage license I need a final divorce decree they are not accepting just a notice of entry of form, how can I obtain it?

Answered 9 years and a month ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You have to submit a Judgment document with the terms of the judgment included in that document. It may require you to have a court hearing. I suggest you get a paralegal to help you with getting your judgment. Once you have that the court will file the Notice of Entry of Judgment and your divorce will be finalized.... Read More
You have to submit a Judgment document with the terms of the judgment included in that document. It may require you to have a court hearing. I... Read More

To obtain a marriage license I need a final divorce decree they are not accepting just a notice of entry of form, how can I obtain it?

Answered 9 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
In Los Angeles County you can order a copy of the divorce decree from the Court's website lacourt.org. You can also go to the records department of courthouses to get copies.
In Los Angeles County you can order a copy of the divorce decree from the Court's website lacourt.org. You can also go to the records department of... Read More

Is marriage valid if we never got a license?

Answered 9 years and a month ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your husband is most likely dead wrong, and we can help you get your 50% of everything acquired during the marriage, and most likely one-half the the amount paid for the girlfriend's vehicle, and one-half the rental value of the girlfriend's residence. When you are dealing with fragile economic issues in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!... Read More
Your husband is most likely dead wrong, and we can help you get your 50% of everything acquired during the marriage, and most likely one-half the the... Read More

If I got a notice of entering default and had just filled out my papers, what can I do? I want to see my kids.

Answered 9 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If the default was entered, you would need the other party to agree to set aside the default. Otherwise, you will have to file a request to a judge to set aside the default. Setting aside a default is legal in nature and you should consult with an attorney. You should also review what the Petition requests and see if you agree with it or not. You can modify certain orders after a judgment is entered.... Read More
If the default was entered, you would need the other party to agree to set aside the default. Otherwise, you will have to file a request to a judge... Read More

If I am married in Mexico as well as the US, would a divorce granted in Mexico be sufficient for me to remarry someone else in the US?

Answered 9 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The Court's in the United States will recognize a valid divorce in another country.
The Court's in the United States will recognize a valid divorce in another country.

If we live in my mother’s house and he wants a divorce, can I evict my husband on our house before we file for divorce?

Answered 9 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Your mother as the owner would have to ask your husband to move out. If he does not comply, since he has lived there more than one year, your mother would have to give him a 60 day notice of termination of tenancy. If he still has not moved, then your mother can initiate an unlawful detainer proceeding (eviction). Your mother can consult with a landlord-tenant lawyer.... Read More
Your mother as the owner would have to ask your husband to move out. If he does not comply, since he has lived there more than one year, your mother... Read More

How long does a respondent served with a petition for a bifurcated divorce have to respond to the petition?

Answered 9 years and a month ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
30 days. If no response file a request for default with the court to get a judgment.
30 days. If no response file a request for default with the court to get a judgment.
Divorce
California

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