California Divorce Legal Questions

If you cannot afford to pay for additional future services then a court will USUALLY allow the attorney to withdraw from the case for non payment of fees. There are exceptions such as right before a trial. However in that case a Judge MAY let the attorney withdraw, and continue the trial date to allow the client time to hire new counsel. One consideration may be that if the spouses are creating more litigation by spite, hate, principals and/or not resolving issues that should be resolved, the court will not force an attorney to continue representing that client.... Read More

Not filing a Response will save you the cost of the filing fee but it will put you at risk of Default. If you do agree not to file a Response be sure to get an agreement from your spouse in writing that s/he will not file a default against you without giving you at lease two weeks advanced written notice. The case will go faster if the two of you cooperate, promptly prepare and serve your disclosure documents, and reach an agreement. That is really the only way to make the case go more quickly.... Read More

The fastest way is to file papers right away. However, no divorce in California can happen faster than 180 days from when the other side is served with papers. I suggest you file papers right away. If you don't know where to serve him, the court has a procedure to serve him by publication in a newspaper.... Read More

You can obtain a contested divorce when both parties cooperate and either one party agrees to be in default or the parties signed an agreement and documents needed to complete the divorce action. It takes at least 6 months to obtain a divorce so you will want to file and serve the Petition without delay.... Read More

In California, any property purchased during marriage is community property unless the other party can trace the funds back to their seperate property. Seperate property, is any property owned prior to marraige. Under California law, generally community property shall be split 50/50. Good Luck!... Read More

A court will not enter a divorce judgment on it's own. If no one appears in court and nothing is filed the court generally will send out a notice to appear with a hearing date for the parties to appear in court and inform the court of the status of the case. A default can only be filed if the respondent has not filed their Response. The best thing to do when parties are attempting to reconcile is for the parties to appear in court and let the court know that they are trying to reconcile and to set out the next status conference for 6 months out. For a more complete answer as relates to your specific case you should contact an attorney.... Read More

The question is difficult to answer in this context. Depending on the order, spousal support is based on both parties incomes. If the court has not imputed income on you, support was based on your income as $0, and you get a job earning income, the court could reduce your spousal support. Unless the support order states that it is non-modifiable (which is seldom done these days) the issue of support is always before the court and can be brought before the court at any time. Moving out of state with your child is another issue that is complex to address. This should be addressed with an attorney. Unless the court has already given you the right to move your son out of state or the child's father has given his consent, you may not be allowed to move your child out of state regardless. It can be considered kidnapping or interference with father's custody time. This may be grounds for the court to change the custody to Father. It depends on the circumstances. You should consult with an attorney regarding this issue.... Read More

You have to take her back to court to get a court order that she either pay you the truck value or pay off the loan and return the truck to you. If there already was a court order, what she did is probably contempt for which she can be put in jail and/or fined about $2000 in sanctions. You will need a lawyer for this so talk to a good family lawyer in your community before doing anything without a lawyer.... Read More

No, he cannot go to the police and say that you kidnapped him if you all went together on a family trip. Now, he can go file for divorce and custody orders that may affect your rights upon your return. You should consider hiring an attorney to help you file for divorce and to obtain a move out order against your husband if you feel unsafe and can provide proof to back up your claims.... Read More

If you both reside at the same residence, either one of you can arbitrarily evict the other. However, if there is any violence, the police and/or court may remove whoever is determined to be the aggressor from the home and now allow that person back. Also, if there is any possibility of violence or false accusations of violence, you would likely be better off removing yourself from the situation before such an arrest happens. Make sure you are not alone with her, make sure witnesses (other than children) are around. You will need to weigh your options, your finances, your ability to see your children (if any) before making a decision. You will likely need an attorney to help you, so that you get a fair deal in your divorce (who lives at the home, who makes the payments, custodial schedule for the children, child support, spousal support, division of all assets and debts (credit cards, bank accounts, household furnishings, cars, etc)). All of these issues need to be decided fairly through the courts, unless you both can come to legal written agreements, filed on your case at the court.... Read More