California Family Legal Questions

With regard to divorce, it doesn't matter where you were married--it matters where you live. The big question is, are you in agreement regarding your issues? If you file in CA and she wishes to contest something, then she will have to come here to address the matter in court. The reverse is true if you choose to file in Texas. Each state has different laws with regard to divorce. Most people file in the state in which they live so they don't have to travel to the other state if there is a problem. It's best to first understand the issues involved such as spousal support, child support, custody, division of property, division of debt etc. Once you understand your issues, you can agree on these issues and avoid a court appearance in the CA courts.  ... Read More

From these facts alone, it seems your personal property on the real property of another who refuses to return it is converting the personal property. Rather than getting it back a remedy can be to sue this person for the value of the personal property, loss of use, interest and obtain a money judgment. Then foreclose on his property to get the physical payment. Most of the time you will just get paid, or have the personal property returned. If there are undisclosed material facts this opinion will change.... Read More

If the step dad legally adopts her, the court will issue an order which allows you change her name.   If he is not going to adopt her (for example if she is receiving Social Security benefits because of her biological dad's death) then you file the appropriate petition with the court.  This process includes publishing the name change notice in the local paper.  You can either contact your local courthouse start the paperwork or contact a lawyer to help you with the process.... Read More

There are two different issues here:  The first is that under the lease, anyone who signs the lease is obligated under the lease for the rent and any damages.  If you were to break your lease or not pay the rent, he could and would be held liable in addition to you.  If they had to evict you, they would include his name in the eviction. The second is in regards to the divorce matter.  In the property and debt allocation portion of the divorce, you could be found liable 100% for the rent and if he was sued for any unpaid rent, you would be liable to pay it and/or pay him back any money he has to pay to satisfy the judgment.  This is only if you two don't come to an agreement as to how the debts and property will be divided up and it is entered into a final judgment.  ... Read More

Hi, if you lived with someone for seven years in California and did not get married, you are not married. There is no such thing as a common law marriage in the state of California. It sucks you gave up a job, but that was your poor choice to do so without any guarantee of security or financial compensation. I do not hear that you bought the boat with any of your money or that he put your name on title. You say that you own a house with him: did you contribute money to the house? Is your name on title? If no, it's all his. Sorry.... Read More

You have a difficult situation as your ex may not wish to comply or may not be able to comply no matter what you do. You can file a contempt charge against her for non-compliance with the court order, however this can be costly. You can also call the school and show them the court order for joint legal custody (you can also do this with doctors etc.) and then they should be able to talk to you regarding what is going on with the children. It sounds like it may be best to file a Request for Order to have full custody of the children and change their school, even though it seems that you do not want to do this. If they are not doing well in the current school environment and failing--a change may be better for them. If you don't take responsible action soon, you may have much bigger problems down the road.... Read More

Please understand that this is a very simple answer based on a hypothetical situation which assumes that there are no other relevant factors that have been omitted from your question. First, determine if there is a will, trust or other document that controls the distribution of your father's estate.  If not, the California Probate Code outlines rules of 'intestate succession' that govern the distribution.  If his wife is deceased, then the entirety of his estate passes equally to his children in the absence of a will.  The law does not distinguish between biological, adopted, or marital or non-marital children.  All legal children should receive an equal share of the estate.  You also mention a life insurance policy.  This is different.  The beneficiaries under that policy will not be determined by reference to California intestate succession rules, but rather the terms of the policy.   I hope this helps. Best of luck to you.... Read More

Even if the home is your separate property, you must have your spouse's written consent before you sell the house.   There are property restraining orders on the back of the summons that apply to you both.  As well, if the house has a mortgage, your spouse, even if not on title, may have a claim for some portion of the equity if there is equity, under California case law, specifically per the Moore-Marsden rule.... Read More

If the credit card is in your husband's name, then he can cancel the card if he wishes to do so. It would be best for you to have a conversation with him regarding money and each of your goals. It may be that he felt that you were spending too much money or there may be another reason. A marriage is a partnership in which both parties need to be happy with the arrangement. If you cannot discuss these matters with your spouse, you may need counseling. You can also assess your situation and determine if working is a better option for you as this would allow you to have money and more independence.... Read More

It sounds like you could file a restraining order on her. You would need to know her address and then compile a list of harassment incidents such as what she has said on social media and her treatment of siblings and friends. You should include specific dates and details. You should also include the dates and details of when you have approached her to stop. You can also request that witnesses (those who are over 18 years of age) attend the hearing.... Read More

The short answer to your question is YES - you should absolutely be entitled to her address and telephone number in case of emergencies, or so that you can contact the child.  A court would absolutely order that, and it is valid to be concerned about sending the child over there under these circumstances.  I would suggest that you consider meeting with a family law attorney to ensure that you proceed in the best manner for yourself and your child. ... Read More

If you are no longer able to afford your spousal support, you must immediately file a Request For Order to modify the current order. So long as you do so, the court should reduce your support. However, if you fail to file such a request, you will owe your ex the entire amount of the court order, even if you do not have the ability to pay the original amount.... Read More

I assume you are referring to child support rather than spousal support.  Child support is based on a statutory guideline that considers several factors, including the parental timeshare, the incomes of each party and the tax deductions of each party.  So, if the mother's income has substantially increased, this would have a corresponding impact on guideline child support.  Mother can contest that her income is what you say it is - but she cannot contest that guideline support should be set regardless of her income.  I hope this answers your question.... Read More

The good news is that inheritance is considered your separate property regardless of whether it is received now, or later.  This means it belongs to you, and will not be subject to the community property equal division rules that would otherwise apply.  Just be sure to deposit it into a separate investment account and not to commingle it with your marital funds.  However, the fact that this asset isn't divisible as community property doesn't mean that it isn't relevant to other issues, such as attorney's fees and spousal support.  You might consider meeting with a family law attorney when you are ready to move forward so that you can go over these concerns in greater detail. Best of luck to you. ... Read More

No, based on the information you provided, it does not seem right.  What you need to find out is whether there are going to be proceedings against the father, and if so, that makes a huge game change.  If you are not satisfied with your attorney, you need to tell her/him directly, what you are disappointed about.  If the explanation is unsatisfactory, you need to consider changing attorneys.  If you do consider that, make sure the attorney you next hire is skilled and experienced in the kind of matter you are dealing with.  ... Read More

This is an incredibly strange request.  Your daughter is an adult.  If the two of you don't want to continue a relationship, there is no legal requirement that you do so.  However, the reasons you have provided, such as her bisexuality, lack of a job and her choice of pets are extremely trivial when compared to the loss of a child and are not shameful in the eyes of most parents.  I would encourage you to enter counseling to evaluate this decision and where your anger and hurt is stemming from.  ... Read More