QUESTION
Can I present a new MSA on the day of the default hearing?
Asked on Feb 13th, 2013 on Divorce - California
More details to this question:
I have Default Hearing scheduled - live in CA.
In the initial MSA, I gave one house to my husband. This is the house where we lived for 25 years. We separated and I moved out before I filed for divorce.
He continued to live there until 2 months ago, he left and went overseas. In the MSA, I divided all community debts into 50-50.
I am claiming one house which is rented right now. Some information is missing in the MSA.
Can I prepare a new one to mail and present to the court on the hearing day?
How should I tell the judge about the house I am giving to him since I don't know where he is right now and when he is coming back? What is the best approach and preparation not to delay the judgment?Thank you.
2 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Get an attorney, ensure the MSA is the one you want (if he didn't respond the judgment will go by default and the court will be dividing the assets and debts in half) and have the attorney appear for you.
Answered on Feb 20th, 2013 at 8:29 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
I don't understand your question. A MSA needs to be signed by both parties. There must be an equal division of the property.
Answered on Feb 20th, 2013 at 7:53 PM