Diana Lucia Martinez’s Answers

Diana Lucia Martinez

Ontario Divorce / Separation Lawyer.

Contributor Level 14
  1. What is the difference between an arbitrator, mediator and neutrals.

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Diana Lucia Martinez
    3. Donald Bradley Cripe
    4. J. Richard Kulerski
    5. Bruce E. Burdick
    5 lawyer answers

    Arbitrators and Mediators are both neutral participants, meaning they do not favor either party and they do not give legal advice to either party. An arbitrator will consider your evidence (testimony, documents) subject to the rules of evidence and procedure to which you and the other party agree or as set by the arbitrator. The arbitrator will then make all of the decisions as to how you will divide assets and debts, how much time you will have with your child(ren), and how much support (...

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  2. My Ex took all the money from the joint account and in divorce process he is claiming he is entitled to more than half

    Answered over 1 year ago.

    1. Isileli Tupou Manaia Mataele
    2. Diana Lucia Martinez
    3. Donald Frederick Conviser
    4. David Alexander Yomtov
    4 lawyer answers

    There is not enough information to answer your question. You will find in this process that there is very little that is simple. Community property is anything that was acquired from date of marriage until date of separation (salary, credit card debt, retirement). Separate property is anything acquired prior to date of marriage, after date of separation, or be inheritance or gift (wedding ring, inherited property, salary earned after date of separation). So if he put $8,000 that he earned...

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  3. I am divorced in CA, own a house (tenants in common) with ex. I want to buy her out - I owe her half equity as of what date?

    Answered almost 2 years ago.

    1. Michael John Apicella
    2. Diana Lucia Martinez
    2 lawyer answers

    Ok, here's the bad news: there is no simple, clear answer to your question. As my learned colleague has explained, there are many factors to consider here - use of the property, spousal support payments/orders, payments towards mortgage, maintenance, taxes. People tend to spend a lot of time and money on attorneys trying to figure out what is "fair" or trying to support their particular position as to what is "fair". The good news: if you can agree on how to resolve this, the legal...

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  4. I am a US citizen and married a man from the UK while he was in Ca. with me. How do I ge a diviorce? I am home while he is in UK

    Answered almost 2 years ago.

    1. Diana Lucia Martinez
    2. Donald Frederick Conviser
    3. Peggy Margaret Raddatz
    3 lawyer answers

    The first step is to meet the California jurisdictional requirements: 6 months prior to filing, you were a resident of California, and 3 months prior to filing, you were a resident of the county in which you file. You must make these declarations, signed under penalty of perjury. From the information you have shared, it looks like you may qualify for a "summary dissolution", Ca.Fam.C. secs. 2400-2406. There is a great handout and checklist that I use that is also offered by the courts on...

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  5. How do I recover $40,000 that is claimed to be community property?

    Answered over 1 year ago.

    1. Diana Lucia Martinez
    2. Michael John Harrington
    3. Donald Frederick Conviser
    3 lawyer answers

    How was this handled in your divorce judgment? It should have been addressed there. If it was not, you have several options, all of which are complex and require a working knowledge of either California Family Law or California Rules of Contract AND California Rules of Evidence and Civil Procedure. You have issues of tracing, issues of intent, issues of which rules to apply (family or contract), and so much more. No attorney can advise you on all of this, based on the limited information...

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  6. I am the respondant on a divorce case in Los Angeles, but live in Arizona. Can I just default?

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Diana Lucia Martinez
    3. Donald Frederick Conviser
    3 lawyer answers

    Your best option is to file a default with an agreement. There will likely be I intended consequences if you make absolutely no appearance (even on paper), given that you have children together. Do not create future regrets. You can do this simply and at minimal cost, especially compared to the on consequences and associated costs of repairing Jose consequences, if possible, in the future. There are attorneys who work on a limited scope basis in doing just this - preparing the documents or just...

    3 lawyers agreed with this answer

  7. Can a divorce change from contested to uncontested?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Michael John Harrington
    3. Diana Lucia Martinez
    4. Margaret Davalene Wilson
    4 lawyer answers

    If a response has been filed, you cannot request a default. Your best option would be to prepare a written agreement in the form of a stipulated judgment or marital settlement agreement, along with all of the proper judgment forms, sign everything and file it. If you are not able to agree on everything, set it for a trial date. If she does not appear, the court will enter judgment without her input. I strongly recommend that you work with an attorney, perhaps a neutral (does not...

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  8. If I file for legal separation in california can my spouse immediately file for divorce and be in control of that?

    Answered over 1 year ago.

    1. Diana Lucia Martinez
    2. Michael Roger Schneider
    3. Edmund Lee Montgomery
    4. Charlotte Coker Christian
    4 lawyer answers

    Your concerns are valid. Here's the info on jurisdiction (where to file). Either party may file in the jurisdiction in which they reside. To file in California, you must have been a resident of the state for the precious 6 months and of the county in which you file for the last three consecutive months before filing. Based on the information you provided, it sounds like you may qualify for divorce filing in the county I which you currently reside. For legal separation, this requirement does not...

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  9. Is my spouse required to keep me on insurance plan if a job is changed while ATROS is in effect?

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Diana Lucia Martinez
    3. John Noah Kitta
    3 lawyer answers

    There is not enough information to fully respond accurately. You consult an attorney who can properly advise you. If you are representing yourself, you may actually be causing yourself more harm. The ATROs are intended to keep the status quo as best as possible while the divorce is proceeding through the painfully slow judicial process. Sadly, things happen that may or may not be covered by the ATROs. Your best options would be to either have a discussion with your spouse to ensure...

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  10. Can I sue my ex wife for student loans?

    Answered about 2 years ago.

    1. Diana Lucia Martinez
    1 lawyer answer

    Ok. You have a number of things going on in this question: 1. How are student loans handled in divorce? 2. What is my recourse given that my mother and uncle co-signed and she now refuses to pay the loans? 3. The divorce is not final. How do I stop this? 4. She benefited from the education paid for by the loans, is their recourse relating to this? First, student loans are usually allocated to the person who benefits from them (the student). I say "usually" because there may be...

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