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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 8
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Divorce
California

Recent Legal Answers

What can be done if I am going through a break up with my girlfriend and we are unfortunately fighting for the apartment we are renting together?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Legally you cannot be removed from the apartment. You can ask the landlord for keys; you can ask for the police to assist you in obtaining entry to your apartment. Look up forcible eviction. It is unlawful to put someone out of their residence without a legal action.
Legally you cannot be removed from the apartment. You can ask the landlord for keys; you can ask for the police to assist you in obtaining entry to... Read More

If my divorce was finalized in one state, can I remarry in another state or how soon can I remarry?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have a final legal divorce and have the status of a single person, you can then marry right after in any State.
If you have a final legal divorce and have the status of a single person, you can then marry right after in any State.

What should be done if my wife doesn't want to sign the divorce paper and she’s in another country?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your talking about service of the summons and petition, then you need to explore legal ways to serve her in that country. If she is already served then to proceed through the courts you do not need her signature. You either proceed by default or request a trial.
If your talking about service of the summons and petition, then you need to explore legal ways to serve her in that country. If she is already... Read More

What papers do I need to file to start collections of my alimony balance?

Answered 9 years and 3 months ago by Randy Lee Warren (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Based on the facts that you cite, he owes you $45,000 plus 10% simple interest per year from the date each payment was due. So it appears he may owe you somewhere near $100,000.
Based on the facts that you cite, he owes you $45,000 plus 10% simple interest per year from the date each payment was due. So it appears he may owe... Read More

Can you do a wage garnishment on ex if contracted with Uber?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there are payments being received from UBER then an Income Witholding order can be obtained and served on Uber to enforce child support and spousal support payments.
If there are payments being received from UBER then an Income Witholding order can be obtained and served on Uber to enforce child support and... Read More

Can I get a divorce but without consent and signature from my spouse?

Answered 9 years and 4 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Answer: Yes you can. As long as your spouse can be served with the divorce petition you may obtain a divorce with, or without the consent, approval, or participation in the case by your spouse. Even if you cannot find your spouse to serve the divorce pleadings, you may still obtain a divorce. ... Read More
Answer: Yes you can. As long as your spouse can be served with the divorce petition you may obtain a divorce with, or without the consent, approval,... Read More

Is my divorce finalized if I had a divorce by default, I’ve been married for 9 1/2 years and my husband left to Mexico?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You would need to have a Judgment signed by the judge and entered by the court clerk. If you have a judgment then your divorce is final and you have the status of a single person.
You would need to have a Judgment signed by the judge and entered by the court clerk. If you have a judgment then your divorce is final and you have... Read More

Can I file for alimony?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
As long as the court did not terminate jurisdiction over the issue of the spousal support, then you have a right to request it. The length of your marriage is an important factor. You should have the divorce judgment reviewed by an attorney in the State where the divorce was entered.
As long as the court did not terminate jurisdiction over the issue of the spousal support, then you have a right to request it. The length of your... Read More

Is it too late to claim it now if I have been divorced for 3 years?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Whether you can claim an asset depends on whether it was disclosed in the financial declarations and mentioned in the Judgment. If you voluntarily gave the 401K plan to your former spouse, it may be difficult to make a claim now. If there is significant value, you should have your documents reviewed by a divorce attorney.... Read More
Whether you can claim an asset depends on whether it was disclosed in the financial declarations and mentioned in the Judgment. If you voluntarily... Read More

What should we do if the girl says she already filed a divorce paper but they don’t know the status yet?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is much more to do to obtain a divorce than just file a paper. You can research the status of the case if you have the case number. You should obtain a copy of the Petition. You can move the case forward yourself or start a new case.
There is much more to do to obtain a divorce than just file a paper. You can research the status of the case if you have the case number. You... Read More

What can I do to get this divorce to the next step and get it finalized?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have 2 choices if you are unserved. You can get a copy of the Petition from the Court and then file a Response on your own to get the case moving forward. Another option is to start your own Petition for divorce and then serve it on your spouse. Your own Petition is preferred since you would have a chance that your spouse would not respond and you can proceed to request a divorce by default.... Read More
You have 2 choices if you are unserved. You can get a copy of the Petition from the Court and then file a Response on your own to get the case... Read More

Is this going to be conflict of counties or can I still get the divorce because I already paid over $400 for these divorce papers to be processed?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You are permitted to file in the county where you reside so long has you have lived there for 3 consecutive months before you filed. If your spouse filed a divorce petition in another county, then the general rule is the Petition that is served first on the other spouse would take precedent and be the prevailing case. Thus, you should try to serve your Petition on your spouse as soon as possible if it is unserved at this time.... Read More
You are permitted to file in the county where you reside so long has you have lived there for 3 consecutive months before you filed. If your spouse... Read More

Do I have to inform my wife of the court date if she refuses a legal service?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Legally, if you have filed a valid proof of service then you have met your burden and it is up to the other party to appear.
Legally, if you have filed a valid proof of service then you have met your burden and it is up to the other party to appear.

How can I get divorced if I got married, did my husband's permanent residence card and now he has other family in Mexico?

Answered 9 years and 5 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you are married no matter where you got married you can file for divorce in the County in which you are a resident for at least three months for a legal separation or six months for a divorce. Good luck.
If you are married no matter where you got married you can file for divorce in the County in which you are a resident for at least three months for... Read More

Can I still get my money if my ex was ordered to pay spousal support and hasn't paid any since 8/2008?

Answered 9 years and 5 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Answer: Yes, you may collect the money. However, if you just continue waiting without taking any action at some point in time a court may allow a legal defense to collection of the payment. There is no ?cut and dry rule? about length of time.
Answer: Yes, you may collect the money. However, if you just continue waiting without taking any action at some point in time a court may allow a... Read More

Where can I obtain a dissolution of marriage package?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Room 426 at the LA courthouse has a self help center and also a window to request forms.
Room 426 at the LA courthouse has a self help center and also a window to request forms.

Can he be asked to pay me from his assets or investments even if I have assets and investments also?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
All support orders must be paid until and unless they are modified or terminated by a court order. You can enforce support orders against assets and income, including government benefits, pensions, etc..
All support orders must be paid until and unless they are modified or terminated by a court order. You can enforce support orders against assets and... Read More

How do I file for divorce if I got married in Mexico many years ago?

Answered 9 years and 5 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you are married, you file for divorce where you now reside. If you don't know where you spouse now is, you can get the court to give you an order permitting service by publication in the spouse's last know city or town. You will probably need a lawyer to get through this process.
If you are married, you file for divorce where you now reside. If you don't know where you spouse now is, you can get the court to give you an order... Read More

Does a wife still entitled to all husband’s worldly possessions if they are legally separated?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the couple is still husband and wife at the time of death, then the surviving spouse has his or her inheritance rights. A Will would still be probated and the surviving spousal would have to determine what the spousal rights to the estate would be. If there is no Will, then the surviving spouse is entitled to a share by the laws of intestate succession. The share depends on whether there are children, and how many.... Read More
If the couple is still husband and wife at the time of death, then the surviving spouse has his or her inheritance rights. A Will would still be... Read More

Is the spouse responsible for half of the rent if we are married, we rented the home and spouse’s name is on the lease?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You don't say if you are living together or apart. Legally, if you are both on the lease, you are both responsible for the entire amount of the lease payments. If you are separated, then the spouse living there should pay. If the spouse not residing in the apartment pays, they may be entitled to recover a credit in a divorce case, unless the payment is considered spousal support.... Read More
You don't say if you are living together or apart. Legally, if you are both on the lease, you are both responsible for the entire amount of the... Read More

What could happen legally if I discontinue paying alimony but continue child support since I cant afford both?

Answered 9 years and 5 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
An arrearage will accrue and any tax refund you may have coming will be attached. If you really don't have sufficient money to pay both amounts, file a motion with the court to modify things downward based on the insufficiency of your money. Get a lawyer to help you. This stuff can be trickly.... Read More
An arrearage will accrue and any tax refund you may have coming will be attached. If you really don't have sufficient money to pay both amounts,... Read More

What could happen legally if I discontinue paying alimony but continue child support since I cant afford both?

Answered 9 years and 5 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
The spousal support is due until paid. The arrears (past due support) would accrue interest at 10 percent per year until paid. If you cannot afford to pay the spousal support, your best course of action would be to go to court to modify or terminate the spousal support due to your decreased ability to pay support. An attorney would be helpful in preparing such a request for order.... Read More
The spousal support is due until paid. The arrears (past due support) would accrue interest at 10 percent per year until paid. If you cannot afford... Read More

How difficult would it be for her to legally divorce him if she has not lived with her husband for over 15 years?

Answered 9 years and 6 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Not difficult at all. Just fine and serve papers.
Not difficult at all. Just fine and serve papers.

Does residence take jurisdiction over property purchased or state in which you received marriage license?

Answered 9 years and 6 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The laws of the State where you get divorces would apply. In California, we would look at where the parties resided at the time of the purchase. If you were residing in CA or another Community property state at the time of purchase, the Court will treat the property as "Quasi-Community" property and divide it equally. This assumes that you did not purchase the property with other separate property and keep it separate.... Read More
The laws of the State where you get divorces would apply. In California, we would look at where the parties resided at the time of the purchase. If... Read More

If we were married but are now residents of another state, will it be hard to obtain a divorce decree?

Answered 9 years and 6 months ago by Barbara Peyton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I don't know what state you reside in but if it is California it will take six months from the date the other side is served with the papers at a minimum. It doesn't matter where you were married only where you are now a resident. Good luck.
I don't know what state you reside in but if it is California it will take six months from the date the other side is served with the papers at a... Read More
Divorce
California

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