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Mark Brian Baer

Mark Baer’s Answers

539 total


  • My wife is refusing to except the Summons and petition for divorce.

    I have tried to serve my wife with court papers, first through the sheriff's department, then through a private investigator. She is hiding from both. I have her known addresses and the current address that she filed recently in another court case...

    Mark’s Answer

    It is legal and proper to leave the claim with another adult at your wife's home, or with someone who is in charge at your wife's usual place of business. These documents must be in an envelope bearing the name of the defendant, and the server must state that the papers are for a legal case. The person who served the documents must also mail the second copy of the claim to your wife at the exact same address where the first copy was left. This is to be done with first class mail, postage pre-paid. No other form of mail is permitted.

    If that cannot be accomplished, you may be granted permission from the Court to serve your wife by publication.

    I think the problems you are experiencing are due to the fact that you are not using a registered process server to serve your wife. They would know these things.

    With regard to your vehicle, the adding of her name to the title creates a presumption that you intended to give her an interest in that vehicle. You then have the burden of proof to prove otherwise.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Divorce petition question

    My solictor has just prepared the divorce petition and in the "Particulars" part of the statement, there is sentence in it that I am not to happy with, can you ask a solictor to amend this or completely take it out of the petition? I just dont ...

    Mark’s Answer

    Your solicitor? We do not have solicitors in the United States. Britain has Solicitors and Barristers. However, in the United States we have lawyers/attorneys at law. Furthermore, there is no "Particulars" aspect of the Petition. I am therefore confused with your question and unable to give you an adequate answer.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • How do I subpoena payroll and bank records in a California divorce?What forms do I use and where di I obtain them?

    My ex has been hiding her income and cashing large commission checks so as to decieve the court.Additionally she has foreign bank accounts.

    Mark’s Answer

    If your ex is on payroll and receives commission checks, that information would all be in the possession of the payroll department. From your question, this is not a situation where your ex is self employed and such information is more difficult to obtain.

    On an Income and Expense Declaration, your ex is required to attach copies of her pay check stubs over the proceeding two (2) months. Moreover, she is required to bring the most recently filed income tax return with her to Court.

    Therefore, I do not understand how she has been able to deceive the court and hide her income. In any event, it seems that all you would need to obtain at this point would be her w-2 for 2009 and her most recent pay check stubs. That would not require your looking into her bank records (foreign or domestic). I think you should speak with a well qualified family law attorney because it sounds like this should be much easier than you are making it.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • My wife who lived in nevada did not have physical custody of my son i did she called the police here in california made false st

    statements of child abuse from nevada claiming to be a neighbor and witness i had a traffic warrant and was arrested for 6 days she then requested an emergency custody hearing swearing i had been imprisioned for 3 years the judge did not check the...

    Mark’s Answer

    In order for your wife to move to Washington State with your son, she should file an Order to Show Cause requesting Court permission for the move. The Court's decision will be based upon the best interest of the child. The Court cannot prevent your wife from moving to Washington, but can change custody to you if the Court found that to be in the best interest of the child.

    However, in this case, you have not seen your child for a rather long time. Therefore, the Court could not properly change the custody to you at this point. The reason is that your child does not know or understand why he has not seen you. Instead, he should be experiencing feelings of abandonment and anger toward you. It would therefore not be in your son's best interest to shift custody to you.

    Nevertheless, if you file an Order to Show Cause and obtain visitation before your wife moves to Washington with your son, you might be able to make her anticipated move more difficult. You would have to convince the court of all of her wrongdoing because court's do not like to grant move-away requests when it has been documented that the parents have a history of significant custody and visitation issues.

    However, my answer is based upon California law and according to your question, your wife now resides with your son in Nevada. Therefore, Nevada is the more appropriate state for making such a determination.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • How can I change my son's first name in California without hiring a lawyer?

    My son is 8 months old and I need to change his first name. With or withou his father's permission.

    Mark’s Answer

    In order for a parent to get a legal name change for a child in the state of California, the parents need to file a Petition for Name Change with the Superior Court of the county in which the child lives. Within the Petition for Name Change, you must also file an Attachment Form for each child whose name you are changing, an Order to Show Cause for Change of Name, and a Decree Changing Name. Most courthouses will also require a Civil Case Cover Sheet used to identify your Petition. The forms needed are as follows:

    Petition for Change of Name: Form NC-100
    Attachment to Petition: Form NC-110
    Order to Show Cause for Change of Name: Form NC-120
    Civil Case Cover Sheet: Form CSM-010
    Decree Changing Name: Form NC-130

    Fill in all applicable information on all five forms and make two copies of each form. Note that the Order to Show Cause form asks you to request a court date. You should request a court date that is at least six weeks in the future. Once you have completed all of the forms, make two copies of each form and bring them to the county clerk’s office. The clerk’s office is typically in the county’s superior courthouse. The locations and contact information for the California County Courthouses are available here: http://www.courtinfo.ca.gov/courts/find.htm.

    At the clerk’s office, tell them you want to file a Petition for Change of Name and give them the two copies of the documents you have already completed. The Clerk’s office for individual counties may have additional forms for you to fill out such as a Criminal Background Information Form. They will then file the Petition with the court and you will be required to pay a filing fee. Filing fees vary by county. The Clerk then sets a court date for you to appear before a judge.

    Once the Petition has been filed with the Clerk of Court, you need to publish the Order to Show Cause in an approved newspaper of general circulation one day per week for four consecutive weeks, anytime before the court date. Be sure to ask the Clerk of Court for a list of approved newspapers. After publishing, request a proof of publication from the newspaper.

    Note: For personal security reasons, you do not have to publish the Order in a newspaper if you are a participant in the State Witness Program or in the Address Confidentiality Program.

    There are additional notification steps you must follow if you want to change the name of your child without the other parent’s approval if you want to change the name of your child if you are the child’s guardian and not a parent.

    If no written objections are filed two weeks before the court date, the judge may grant the petition without a court appearance. You should contact the Clerk of Court two days in advance of your court date to find out if a court appearance is still scheduled. If the court date is still scheduled, you will need to appear before the judge with a copy of all of the forms listed above and the proof of publication obtained from the approved newspaper. If the judge approves the Petition for Change of Name, he or she will sign the original Decree Changing Name you previously filed. Once the Decree is signed, you should obtain a certified copy from the Clerk of Court. The certified copy of the Decree Changing Name can then be used to change all of your child’s legal documents, including his or her birth certificate, social security card, passport, and driver’s license.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Is divorce 6 month waiting period only applied in California if a person want to remarry another person out of country?

    I was granted a divorce disolution with my ex-wife in California and there was 6 month waiting period. My questions: Can I have a wedding party with my girlfriend ( non USA resident) in Vietnam before the 6 month waiting period ends and apply for ...

    Mark’s Answer

    think that you have a misunderstanding of what you are referring to as the 6 month waiting period. If you were "granted a divorce dissolution in California", then there is no waiting period at all because you are single. Therefore, the confusion has to do with what you are referring to as having been granted a dissolution in California.

    The six-month period begins on the date the respondent was served with the Petition for Dissolution of Marriage and related documents appropriate.

    If you obtained a Judgment for Dissolution of Marriage before the end of that six-month period, it will contain the date on which the Dissolution becomes effective.

    If all you have done is file a Petition for Dissolution of Marriage and you are waiting 6 months before you become divorced, you will be waiting much longer than 6 months because the court will never grant you a divorce under those circumstances. If this is what has occurred in your case and you get remarried, your new marriage will be invalid because you cannot be married to two people at the same time in the United States.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Is divorce 6 month waiting period only applied in California if a person want to remarry with another person out of country?

    I was granted a divorce disolution in California. Can I remarry with another person( non USA citizen) in Vietnam before my dovorce 6 month waiting period ends. I think the 6 month waiting period only apply if I attempt to remarry in California, bu...

    Mark’s Answer

    I think that you have a misunderstanding of what you are referring to as the 6 month waiting period. If you were "granted a divorce dissolution in California", then there is no waiting period at all because you are single. Therefore, the confusion has to do with what you are referring to as having been granted a dissolution in California.

    The six-month period begins on the date the respondent was served with the Petition for Dissolution of Marriage and related documents appropriate.

    If you obtained a Judgment for Dissolution of Marriage before the end of that six-month period, it will contain the date on which the Dissolution becomes effective.

    If all you have done is file a Petition for Dissolution of Marriage and you are waiting 6 months before you become divorced, you will be waiting much longer than 6 months because the court will never grant you a divorce under those circumstances.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Our daughter's father doesn't want her to play t-ball because games are on his saturdays. can he restrict her from playing?

    he had agreed with me and now he changed his mind after i paid. i already filed and served him a modification of custody and visitation so we can go to mediation but i just got a call from her coach that the first practice is thursday and we don't...

    Mark’s Answer

    I cannot give you a quick and easy answer to your question. On the one hand, you have a current custody order that states that you have joint legal custody. Participation in t-ball is a matter that is covered under joint legal custody. Two wrongs don't make a right. You will be in violation of the current order if you take your daughter to the practice. I cannot tell you that such a violation will negatively impact your custody/visitation, but as an attorney, I will not advise you to violate an order.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Iam a divorced Dad (1 1/2) have primary custody of my 9 yr old daughter. My ex is now demanding more visitation. Whats my rights

    Divorce papers say I will take care of all debt except my ex-car payment. I had to file for bk when economy tanked. I signed over my mobile home to her (paid off) and have for over a year paid her rent-car payment. She had never paid a dime in chi...

    Mark’s Answer

    You are clearly frustrated and angry, but you must keep in mind that custody/visitation has nothing to do with the division of assets/debts or whether child support has been paid. Those issues can therefore not be used to defend against such a request. If you raise those issues in defense and not the appropriate reasons (if any), such a request will most likely be granted. I strongly suggest that you retain well qualified representation.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • If my fiance' and i want to move out of state how would it work if the dad of her son is still around?

    my fiance' and i live in CA where the cost of living is high. we have considered moving but because she has a 6 year old with her ex, never married, i dont know if we can move. i know she wont give him up to move so what can we do?

    Mark’s Answer

    Your fiance' should not move out of state unless she receives a stipulated order from the child's father or a court order granting her request.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

    See question