California Divorce Legal Questions

You can file for divorce where you are a legal resident. If you can't find the other person to serve the papers, the court has a process whereby you can get an order to publish in the city of the last known address of the other person. You can probably use a paralegal to help and not have to hire an attorney for this.... Read More

You need to check at the court where his divorce occurred. Depending on how big the county is, you might be able to get information on line. Smaller counties require a phone call or personal visit to the court clerk's office. Also: Can you or your fiancee check with the ex to see if a final judgment was ever entered and, if so, can a copy be forwarded to you.... Read More

Spousal support is based on need of the receiving party and ability to pay of the paying party (coupled with many other considerations). If the paying party is paying all the living expenses, then there is no ?need? of the receiving party. Each case is based on the facts of that particular case.... Read More

Each State has their own residency requirement to file for a divorce. In California, you need to live in the State for 6 months and the County for 3 months prior to filing a divorce petition. Check in your State. In California you then have a minimum waiting period a six months and a day from when the other spouse was served the Petition.... Read More

I'm not sure of your situation. Is she trying to set aside the judgment in your divorce in order to get the house divided between you? Did she waive her interest in the house in the divorce judgment? Was the house acquired by the two of you from earnings acquired during marriage or from some other source? There are lots of unanswered questions. My advice: Get yourself to an experienced family law attorney in your area who can look over the divorce papers and anything else you may have concerning the house. There is a risk that she can come back and make a claim on it but no attorney can answer your question until all the paper work has been reviewed.... Read More

It shouldn't matter. It might be easier to move out and then have your spouse served. You cannot serve the papers yourself. It must be someone 18 years or older and not related to you by blood or marriage. When papers are served, emotions generally get escalated and a fight can ensue. Moving out first will probably help to de-escalate the situation.... Read More

Under California both spouses are entitled to equal management and control of the community property. If the house was acquired during marriage with income acquired during the marriage, the house is community property. So: No neither can oust the other if the house is community property. Exception to the rule is with a court order after a finding of verbal or physical abuse that is a danger to either spouse. If the property belongs only to the other spouse, he still has to get a court order to oust you. Be careful and good luck.... Read More

Did your current attorney have the divorce final date entered "now for then" or "nunc pro tunc". There is a way to have the divorce final date made to be a date before your got remarried. I'd check with your current attorney about this point. Back up plan: Be sure to get married again if the dates can't be fixed.... Read More

If you have a judgment which provides that the retirement benefit be divided and your ex-husband refuses to sign, file an order to show cause for contempt. If you don't have such a judgment, File a request for order explaining everything and the judge will eventually sign in place of your ex husband You will need a lawyer for this work. Good luck... Read More