John F Cannon’s Answers

John F Cannon

Chino Hills Family Law Attorney.

Contributor Level 11
  1. My husband has remarried whilst we are in the process of divorce.

    Answered 7 months ago.

    1. John F Cannon
    2. Isileli Tupou Manaia Mataele
    3. David Raymond Mahood
    3 lawyer answers

    You should hire an experience Family Law attorney to assist you. You have several, very complex issues here to deal with and you WILL need some professional help. If your marriage was not valid due to your ex-husband's prior marriage (referred to as bigamy) then your "marriage" would be void - as if it never occurred. However, that doesn't mean the Court does not have the power to divide "community property" assets and debts. If you are found to be a putative spouse - that you had a belief...

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  2. Should I list the loans made by a friend or family member in the form FL-142 in numeral 22 (Loans - unsecured)?

    Answered almost 2 years ago.

    1. John F Cannon
    2. Margaret Davalene Wilson
    3. Manuel Alzamora Juarez
    3 lawyer answers

    Absolutely! You are REQUIRED to list these loans - this is the purpose of the Declaration of Disclosure that each party must exchange with each other. As you are aware, these forms must be signed under penalty of perjury and must list all assets and debts. Additionally, yes, you need to attach ALL those documents, including all the loan agreements you made with these respective people. There may be some other issues you need assistance with on this thing...it can be very complicated, and...

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  3. Is it acceptible for a judge to hear a case when he has worked with one of the partys

    Answered almost 2 years ago.

    1. John F Cannon
    2. James Louis Miller
    3. Ronald Lee Bell
    3 lawyer answers

    It will likely depend on whether that person worked directly for the Judge or Commissioner in question. If the person worked in that specific Judge's courtroom, then you would certainly have a reason to question whether the Judge could hear the case. Your case sounds very complex and you should speak with an attorney in your area who works on juvenile cases AS SOON AS POSSIBLE to help you with your case.

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  4. My ex stopped paying alimony. He says he won't pay it until I have paid him back money that I was court ordered to pay him.

    Answered almost 2 years ago.

    1. John F Cannon
    2. Robert A Stolzberg
    2 lawyer answers

    If there is a court order that he pay spousal support and he does not pay, he is in contempt of the court order. You will have to take action to enforce the court's orders. You can file a Order to Show Cause and Affidavit for Contempt or a Request for Order to assist you in enforcing the court's orders. However, it sounds like your issue are way more complex than simple, and as a result, I would certainly advise you to contact a Family Law attorney who is experienced on these issues. You...

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  5. I've bought a house while married. It's under sole and separate title. Spouse quit claimed at time of sale. Is the house mine?

    Answered about 2 years ago.

    1. John F Cannon
    2. Richard Forrest Gould-Saltman
    3. Frank Wei-Hong Chen
    3 lawyer answers

    Community property is an asset or debt that is acquired during the marriage, regardless of how the title is held. According to your facts, the house is presumed to be community property. A presumption can be challenged (overcome the presumption) and the property could be declared part separate property (a mixed characterization) with a community property interest. Your facts as stated are not specific enough to determine. However, you must also know that ALL your earnings during the...

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  6. I live in northern California, My X-husband wants to reduce my spousal support .

    Answered about 2 years ago.

    1. John F Cannon
    2. Rebekah Ryan Main
    2 lawyer answers

    You are correct in saying that his obligation is to you first and that the obligation to support your adult daughters terminates once they reach the age of majority (18 and graduated from high school). Generally, the Court makes an order for spousal support on a long term marriage according to a set of specific considerations. Once that order is made, your ex-husband would need to show a change in circumstances in order to modify or terminate the spousal support. A change in circumstances...

    4 lawyers agreed with this answer

  7. Separated for 10 years, great relationshipship until he lost his job now he is very nasty. He left the state, our joint home and

    Answered almost 2 years ago.

    1. John F Cannon
    2. Donald Frederick Conviser
    3. Tammi L Faulks
    3 lawyer answers

    There are a ton of issues in your case, and not enough info to fully answer all of them...however, in regards to custody of your child.....If he has left the state and your child is with you, you will easily be able to obtain sole physical custody due to the circumstances...he would likely get visitation, but there are other facts that will certainly help shape that issue....it sounds like you will be able to keep the home you live in, but there are more facts needed about the other home, like...

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  8. Can i still file a response to my divorce if i have waited 3 months to respond?

    Answered almost 2 years ago.

    1. Edmund Lee Montgomery
    2. John F Cannon
    3. Nathaniel R Dowds
    3 lawyer answers

    Yes, you can still respond, provided that your ex has not filed a Request for Default against you in the case. As you are aware, you have 30 days to respond, and if you don't, your ex can file the default against you. If he hasn't filed a default against you, you can file your Response. Obviously, the sooner the better. If he has filed a default against you, you will have to file a Motion to Set Aside the Default. This Motion is almost always granted by the Court, however, time is of the...

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  9. My husband just served me divorce papers. how do i respond if he is in another state?

    Answered about 2 years ago.

    1. John F Cannon
    2. Donald Frederick Conviser
    2 lawyer answers

    First off...is the CA case still open? In CA, you do not have to personally serve him with your Response, you can simply serve him by mail! If the CA case is still open, serve him by mail (remember, someone, other than you, over the age of 18) and file your response. Next, you may still be able to file an action here in CA as CA may have jurisdiction over the divorce, since you have resided here the entire time and I am assuming most of the information is located here in CA. You really need...

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  10. Divorce back dated?

    Answered over 2 years ago.

    1. John F Cannon
    1 lawyer answer

    In CA the parties can have their status as "married" severed and returned to the status of "single" people after 6 months - from the time the other party is served or files a response. The court may bifurcate (split) the other issues of the divorce (custody, assets, debts, etc.) and deal solely with the status issue prior to dealing with the other issues. The Court does have the power to enter the Judgment "nunc pro tunc" which translates to now for then. This is usually done to back date...

    3 lawyers agreed with this answer