Warren Robert Shiell's Answers

Do e-mails hold up in court??

Unless there is a Court order terminating parental rights, legally your ex did not terimate parental rights. In any proceeding to establish, modify or enforce custody or visisation rights the court will consider "best interests" of your daughter and the email may be relevent as evidence assuming that it is admissible. There are foundation and authetication issues to deal with. When you say civil court do you mean Superior Court? If he is suing you for damages? It is unlikely that such an email...

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CA divorce law, how can I serve spouse that is avoiding service

I assume that by stating that he is not willing to be served you mean that you know where he is located. Generally, you would have a process server or the sheriffs department attempt service and they will give you a proof of service to file with the Court. Your spouse doesn't have to "accept" service. The process serve will identify him and attempt to hand him the papers. Even if your husband drops the papers to the ground he is still served. If he cannot be physically served the California...

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Immigration / Marriage / Divorce

If she intends to come live with you in California then at some point after she has established residence here and you have established subject matter and peronsal jurisidction in the event of a divorce/dissolution the CA courts can adjuducate community property matters even if that property is located in China. My recollection is that China is not a signatory to the Hague Convention and it may be difficult to enforce a CA judgment against any property in China. If your concern is based on...

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CA divorce and child support laws, is it possible of paying both child support and alimony

The following is form my web site. To calculate the amount of child support you will pay you should use one of the certified computer programs. "Do I have to pay child support? Child Support must be paid by a non-custodial parent until the child marries, dies, is emancipated, turns 18 and is not a full time high school student, or turns 19 if they are a full time high school student, whichever occurs first. An adult child who is disabled and unable to earn a living has an ongoing...

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How will community and separate debt be divided in a divorce in state of CA

Yes you need to go back to court and hire a qualified attorney. There are really two issues. As long as your student loans are consolidated in both names the student loan authorities ie the creditor can go after both of you. If you go back to court you may get the Family court to make an order to "unscramble" the loans so that your prior student loan is assigned to you and his prior student loan assigned to him. However, as a federal student loan the Student loan authority may not allow you to...

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Can I seek a court order to force my ex-wife to give me half the proceeds of property sold as ordered by the court

Yes. You should immediately hire an experienced attorney before her family does anything further to dissipate assets. If you wait the family might sell the properties and then you'll have a hard time collecting. Any attorney should immediately go to court to seek orders imposing liens on the property so that they cannot be sold. This is just the first step in invalidating the transfers in order to give effect to the Court's Order. However, my guess is that your question has omitted some facts...

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What are the divorce procedures in CA state

Not necessarily. His request for trial means that a trial setting conference will be scheduled at which the Court will consider whether the case is ready for trial. If it is he will give you a trial date. However, it sounds like your case is not ready for trial if there has been no discovery or exchnage of declarations of disclosure. You need to tell the Court this. Better still you would be well advised to retain an attorney at this point. Even if a trial date is set both of you may still...

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Filing for custody in a county child was not born in?

If you do decide to move back to Los Angeles County in the absence of any Court orders it might be a good idea to negotiate a written parenting plan with the father. If this is not possible this may end up in the Court system. There are really 2 issues in your question. One is venue. You may file in Los Angeles County but if the father files in Contra Costa he will probably ask that the case move back there. The Court then decides venue on a number of factors such as where it would be most...

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Civil Judgement Debt Prior To Marriage

Generally, debts incurred prior to marriage are separate property debts. However, the creditor may levy against of the debtors separate property or community property share of assets. During marriage keeping property in the non-debtors name does not necessarily mean that community property is not created. That depends on many factors. For example, if you purchase property in your name and you pay the mortage (in the absence of a prenup) he may aquire what we call a Moore Marsden community...

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Can I change locks?

No. As much as you might like to the answer is no regardles of who owns the property or whether it is rented. If you wish to exclude him from the property you should bring a motion/OSC for exclsuive possession. This is only usually granted where there is domestic violence.

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