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Talitha Davies Wegner
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Talitha Wegner’s Answers

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  • My wife spent $10000 on our wedding. Does she can demand that money at the time of divorce? If yes what I need to do?

    I'm a green card holder and she is a permanent citizen .

    Talitha’s Answer

    You did not mention how long you have been married. It would be interesting to know.
    In a standard divorce proceeding, there is no legal theory under which one spouse can demand back the costs of the wedding. If she is claiming you married her under fraudulent pretenses (e.g. to get a green card) and she is seeking to have the marriage declared void, then she could make an argument that she relied on your fraudulent misrepresentation and should be reimbursed. Given the expense of litigating such an issue vs. the $10,000 in question, it seems unlikely.

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  • Can I amend my birth certificate?

    My biological fathers name is not on my birth certificate. My mother put somebody else's name instead. Although a DNA test has confirmed that my father is native American his tribe will not recognize my children until they see his name on my birt...

    Talitha’s Answer

    To change a parent identified on a birth certificate, you will need to petition the Superior Court for an order to make change. You can find detailed information about the steps involved here: https://www.cdph.ca.gov/certlic/birthdeathmar/Documents/AdjudicationPAMPHLET-(01-14)-MERGED.pdf
    Good luck!

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  • How can my mother go about getting her grandparent rights? Also how can she have a attorney represent her? What is the price?

    my brother was murdered six years ago, he left behind a son. The mother of my brothers child seems to use my nephew as a tool to hurt my family, she keeps him away when she gets angry at my mother. i know my mother can fight for grandparent rights...

    Talitha’s Answer

    For a court to order visitation with a grandchild, you must be able to show that it is in the child’s best interest. To grant visitation to grandparents, a California court will balance the interests of the child against the authority of the parent to prevent visitation. When one parent has died, a court will grant visitation rights to a close relative of that parent if it would be in the best interest of the child. If there is a strong, pre-existing relationship between the grandparent seeking visitation and the child, the likelihood of an order for visitation increases.

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  • Do i have any legal precedent to keep the cat?

    My ex is trying to take a cat from me. When we were together, she bought him and has the papers for him. When we split up, i moved out and had to take the cat because she could not have him where she was going. I have had sole care and custody of ...

    Talitha’s Answer

    If your ex has made no financial contribution, paid no vet bills and paid no money for the cat's food and support for four years, then any claim that she might for the cat in court will almost certainly fail. Even if the cat was registered in her name (or chipped to her) and in the unlikely event she has proof of purchase, the fact that she has not participated in the actual practice of support and responsibility for the cat for 4 years will outweigh any claim she makes to ownership. I suggest that you tell her she has abandoned her cat and has contributed no support or assistance for the cat in four years. Unless you continued to promise to return the cat during that time and declined financial contributions (in writing), she will have a tough time making her case.

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  • Rights of dog owner with past history of animal "abuse" / inhumane treatment?

    I previously pled guilty to misdemeanor animal cruelty for having once played aggression/biting games with a neighbor's dog, which was a big misunderstanding with animal control, but I was given a plea bargain and received a suspended sentence. I ...

    Talitha’s Answer

    Like any dog owner, if your dog bites, you will be strictly liable for the damages. For animal control to remove your dog, a complaint would need to be made followed by a hearing. If you are physically abusing your dog to discipline it, your dog could be removed. Look up the local ordinances for your Animal Control department. If Animal Control were to try to use prior evidence against you from your animal cruelty case, then your attorney can object based on the rules of evidence. If your dog has aggressive tendencies, seek the assistance of a credentialed trainer. If aggression is how you deal with your dog, your dog will be aggressive. Most of the time a dog's behavior is cued from the owner. The trainer will teach you how to handle your dog effectively and safely. It is a lot less expensive to pay a trainer now than to get sued for a dog bite later and have to pay to defend yourself and your dog and pay hefty judgment for damages to a bite victim.

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  • California divorce and child custody. He won't sign the final judgement

    We went to court and both agreed to and signed the Settlement Agreement and the judge signed off as well and we both verbally agreed to everything under oath. I agreed to handle the preparation of the final judgement. He will not respond to my r...

    Talitha’s Answer

    If agreed to handle preparing the judgment, make sure you have followed the rules of court here: http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1590.

    Once you are sure you have followed those rules, you can make a declaration saying you complied with the Rules of Court and that your ex has not respondent. You can file a motion pursuant to CCP 664.6 (and attach your declaration as an exhibit) which states, "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the
    settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement."

    If you have met all the time requirements and proper service of the documents on your ex, the judge will have the authority to make the stipulation a judgment of the court.

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  • Who stays in the house in case of divorce

    Separate property

    Talitha’s Answer

    It depends on the circumstances. I suggest you provide more details (is the house owned by you both? owned by one of you? rented? if rented, are you both on the lease? can either of you afford the lease without the other's income?). If necessary, either party may make a motion for exclusive possession of the home. If you are not getting along, try to come to an agreement rather than wasting money over a motion for exclusive possession.

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  • What is the cost for uncontested divorce in Southern California ?

    What is the cost for uncontested divorce in California ? After filing uncontested divorce, how many times the couple needs to visit the court before the final result.?

    Talitha’s Answer

    If you meet certain requirements, you may qualify for a summary dissolution (no kids, no property, etc.). See:
    http://www.courts.ca.gov/selfhelp-summarydissolution.htm

    The fee to file is $435. There is also a $435 fee to respond. If you qualify as low income, you may apply for a fee waiver. See: http://www.courts.ca.gov/selfhelp-feewaiver.htm

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  • Affidavit for Duplicate Public Marriage License - Name & Witness Info Section

    On an Affidavit for Duplicate - Public Marriage License, the section titled "PRINT Name and Address of Witness" has 6 lines labeled 26A, 26B 26C, 27A, 27B, 27C on the form - I assume they are referring to the original marriage license, which are t...

    Talitha’s Answer

    I suggest using this form. https://www.cdph.ca.gov/pubsforms/forms/CtrldForms/vs113a.pdf

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  • Am I entitled to pay child support ?

    If I have an open case with The Department of Children and Families Services and my daughter lives in an out of home placement (meaning she lives with neither her father or I) with the father's brother until I get her back in October. My daughter'...

    Talitha’s Answer

    Contact the DCFS social social worker and ask the status of child support. You should receive notice and an opportunity to be heard before you are ordered to pay child support. You may want to contact child support services (link below) to ask about the status of child support http://cssd.lacounty.gov/wps/portal/cssd

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