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Marshall William Waller
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Marshall Waller’s Answers

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  • I am a female Canadian and getting married with my fiancee who is American..

    His divorce is about to be finalized in California. within the next 2 months. I have 2 questions, can I get married with him immediately right after his divorce (in California)? How long does it take for my work visa/temporary papers to arrive so...

    Marshall’s Answer

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    Assuming you are currently single I see no reason why you can't marry as soon as your fiancées divorce is final. Note that there is a 6 month waiting period for a divorce to become final in California, which runs from when the Responding party in the divorce files their response or from when they are served with the Petition. The Notice of Entry of Judgment that your fiancée receives(d) will have the date the Judgment becomes final set out in it; he can marry at that time.

    As for the immigration part of
    Your question I unfortunately am unable to answer that question. I would imagine you might r at to get question answered pretty easily by a simple Google search, or you can post it here to immigration lawyers. Best wishes to you and your fiancée.

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  • How do i get free public records of divorce deree of child custy in michigan without paying

    need to get my divorce records for free public records without entering credit card payment request

    Marshall’s Answer

    You will probably have to pay some very minimal photocopying charges to get copies of court records.

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  • I missed are jury trial for divorce because of health issues now it says we are divorced but he got everything can I take him

    Back to court I can't afford an attorney because I already had one but he needed more money

    Marshall’s Answer

    Divorce is not handles by jury trial in California. If you missed the trial of your case, depending upon the reasons that you missed it you may be able to have the judgment set aside. There are a lot of facts missing from your question so that makes answering it more difficult. I suggest you get a consultation with an attorney in your area on the subject.

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  • CA Separate Properties

    Could you claim a house as separate properties if the down payment was from inheritance and the rent was always payed to you. The deed has both are names and a joint check account was used to funal the rent.The rental has always been a loss.Brough...

    Marshall’s Answer

    Generally speaking, if both names are on the deed and the house was acquired during the marriage then it is community property. You should be able to recover the down payment, however, if you can trace it from a separate property source (in this case your inheritance). See Family Code section 2640.

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  • Is Cps required to place a child with a relative if they meet the requirements

    My grandson was taken from his mom 67 days ago I have been asking that he be placed with me since day 1 I have cleared all background checks. They want to leave him in foster care. What can I do?

    Marshall’s Answer

    They are required to place the child in the best environment for the child, as determined by the judge. The courts generally try to place children with family is that is available. Talk to the social worker and ensure that they know of your availability and desire to have the child placed with you. GO to the court hearings as well and make your presence and position known to the judge too.

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  • I am needing to find a pro bono lawyer in my area (Modesto Ca) for a child custody case... any references?

    my daughters father and I have "shared custody" he gets her everyday for 2 hours and every weekend sat/sun for 8 hours each day... among other details regarding his character and the fact that he violates our existing order by constantly bringing ...

    Marshall’s Answer

    I recommend you Google "free family law lawyers in Modesto/Fresno area; I am sure there are services there that can help you.

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  • Can I get custody of my son for his mother buying him alcohol for him and his friends ?

    We have 50/50 week on week off! (One night stand but where kinda friends senior year) she recently is going thru divorce for unfaithfulness! She openly admitted her new boyfriend does cocaine! She has not been handling her responsibilitys when it ...

    Marshall’s Answer

    It's not that black and white, but this is certainly a fact that you should bring to the court's attention in a request to change the existing custody orders.

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  • My ex refuses to send kids for scheduled visits per court order during trackout. What do I file in court to get her to comply?

    My ex and I share joint custody of our 2 children. She has primary physical in Sacramento CA. The kids are supposed to come out to me during trackout and summer break. She refuses to send them unless I use a unaccompanied minor flight. However, th...

    Marshall’s Answer

    If your ex is refusing to follow the court orders then you can file an OSC for contempt against her to have her punished by the court for failing to follow their orders. That can be very complicated, and very often the court orders (even the ones written by judges) are not written in such a way as make them enforceable by contempt. (That is not something done on purpose; it's just that many lawyers and judges don't focus on enforcement when making orders). You should have the order reviewed by an experienced family law attorney to see if they are even enforceable by contempt first. You should also ask the court to re-visit the custody order and ask for a change due to the refusal ofyour ex to follow the existing ones.

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  • Can I appeal an Unfounded CPS decision?

    Recently CPS was contacted about substance abuse and drugs in the home of a child. When the CPS worker arrived, the drugs were handed to the CPS investigator as proof of the claims. The CPS worker than lied and said the drugs were prescribed to th...

    Marshall’s Answer

    I don;t know why the social worker would do the things you claim, but if you can actually prove these things then you should immediately bring that to the attention of the court and to the social worker's supervisor.

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  • What is the best way to get my ex to prove with evidence what she has listed in her Income and Expense Declaration?

    This will be the 2nd time I have filed a motion to modify custody and support. My ex has now filed to open a case in DCSS for child support. I have already been paying child support as it comes straight out of my paychecks. My ex has not gotten a ...

    Marshall’s Answer

    It sounds like she doesn't have any W-2's or pay stubs to provide. Your best bet is to argue that the court should impute income to your ex because she is (arguably) deliberately refusing to work. If you can afford a lawyer to help you then by all means hire one. If not, make the argument that the court should impute income to your ex because she is not working, and also because she is being supported by someone else, and to some extent that support should be considered income to her.

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