Skip to main content
Sanjay Augustine Paul
Avvo
Pro

Sanjay Paul’s Answers

171 total


  • Can i fix my husbands papers?

    We have been together for almost 3 years we met in Tijuana and we have a 3 month baby. His visa expired in August 2013 we married in Oct 2013. I wanted to start the process to fix his papers but dont want him to have to leave the country and leave...

    Sanjay’s Answer

    You may be able to fix your husband's immigration situation. I need more information however. Please contact an attorney to learn more.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • Me and my husband being married 1 year but I noticed that he only married to get his papers can I divorce him we have a baby

    We filed for his papers already and he got 2 years temporary green card

    Sanjay’s Answer

    You can divorce your husband at any time. It does not mean that his immigration status will revoked however. He can apply for a waiver and if he qualifies, he can get permanent residency. Threatening your husband based on his immigration status can also in some cases result in him getting permanent residency.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • What is the minimum child support that can agreed in an uncontested divorce ?

    What is the minimum amount of child support that can be agreed in an uncontested divorce? Knowing that the spouse can always revert back to the courts to modify it.

    Sanjay’s Answer

    You can agree to $0 in child support. However, the court will maintain jurisdiction over child support and can always revisit it in the future upon a motion by either parent. Unlike spousal support, you can not waive rights to child support in a divorce or paternity action.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • Selling home and have a question about Quit Claim Deed

    My spouse and I are separated (not legally, haven't filed for divorce yet) and own a home together. The mortgage loan is under my name only, however, he is on the deed. He has agreed to move out of the home and release himself from any connection...

    Sanjay’s Answer

    Whether you use a quitclaim deed or not, your husband may still be entitled to a portion of the proceeds from the sale of the house, unless he voluntarily foregoes his portion and has no intention of claiming a reimbursement from you during the divorce process.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • I voluntarily agreed to move out of the house. How can I protect myself from the charge that I'm abandoning my family?

    My wife seems determined to divorce me. We have two kids, 8 and 10. At her request I agreed to move out, but I want to make sure this isn't used against me in the future. How can I protect myself?

    Sanjay’s Answer

    You can "protect yourself" by getting a visitation schedule in place immediately where you spend as much time with your children as possible. This may be done by simply reaching an agreement with your wife, or through the court process, which involves filing a divorce and a request for orders. I would encourage you do both asap and retain experienced counsel to handle this matter for you.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • Does divorce trump and what to file?

    My husband and I have lived in Arizona and recently split. He moved to CA and filed for legal separation and served me. I have two questions: 1) is it true I can file for divorce in AZ and it will trump his filing in CA and is there any law on thi...

    Sanjay’s Answer

    Your husband may have filed for Legal Separation because he may not have the residency requirements in California to file for a divorce yet. So he's likely waiting to have residency established in CA for 6-months, then he will likely amend his filing to a divorce. That being said, as Mr. Benton has suggested, you could just file a response in CA and request a divorce - do you really want to waste time and your resources on just disputing jurisdiction? Speak to a lawyer in CA and AZ to determine the best route to take.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • If my spouse takes our son overseas before our divorce has been finalized, can I take him to court?

    I am in the process of filing for divorce and my husband is planning to take our son out of the country. If he prevents my son from coming back here, how can I take him to court if he will reside overseas?

    Sanjay’s Answer

    I agree with the excellent advice provided by my colleagues. File now and serve him immediately so that the Automatic Temporary Restraining Orders would then apply to him and prevent him from removing your son. Then also set up a Request for Orders to get temporary orders in place that would prevent him from removing your son out of the state and issue temporary custody and visitation orders. Act quickly and seek experienced counsel. You may also want to get your son's passport from your husband in the meantime.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • Can I get an annulment or a “summary dissolution.”

    I was married May 24, 2009 - so I am just shy of 5 years. No children from this marriage. When we got married I had $200,000 in saving due to a house sale and he knew that I would get from my elderly mother (currently 95) at least $500,000 and h...

    Sanjay’s Answer

    I agree with Ms. Waxman. An annulment is not going to work and will also cost you a lot more than getting a divorce would because you would have to go to trial to get an annulment (and you don't have the necessary facts that warrant seeking an annulment). You should just file for a divorce and get it over with.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • Besides an fl-320 is there any other forms i need in order to respond and file the paper i was served to modify visits &custody?

    I was served papers from other parent for modification of visits and custody .wasnt sure if i needed character references or maybe a compency or mental evaluation .as they claimed i was unstable

    Sanjay’s Answer

    You likely need to file an FL-150 since modification of custody will also trigger modification of support. If they are claiming you are "unstable" then you definitely want to address that head on and attach any evidence or proof that shows that you are not. Make sure to file your response on time as well; it is due 9 court days before the hearing.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question 
  • About to apply for my A. citizenship in a few days. My A. wife wants to file for divorce. Would it kill my chance to get citize?

    I am about to apply for American citizenship in a matter of a few days. My American wife for the last 3.5 years wants to file for divorce. I know that the process of applying and getting the interview in the immigration is usually 3-6 months and t...

    Sanjay’s Answer

    If you are certain your wife will file for divorce soon, then you should wait for 5 years until after you acquired your LPR status before applying for citizenship. However, it sounds like you are still unsure about your marital situation; so you may want to wait to see if your wife really intends on following through or whether you two can work it out.

    Best of luck,

    -Sanjay A. Paul, Esq.
    www.DreamLawCA.com

    See question