Diana Lucia Martinez’s Answers

Diana Lucia Martinez

Ontario Divorce / Separation Lawyer.

Contributor Level 14
  1. I want divorce, the problem is my soon to be ex-wife did some illegal things while we were married, how do i go about this?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. R Genyne Long
    3. Diana Lucia Martinez
    4. Barry Franklin Poulson
    4 lawyer answers

    You absolutely need to consult an attorney well versed in federal criminal fraud. If you were aware of her conduct at the time, if you received any benefit from the conduct, if you filed joint and approved/affirmed the taxes, you have some serious issues. You may also have some defenses - I don't know based on this information. As for the divorce, it would be my belief that both of you would want to keep your discussions as confidential as possible to avoid any public incriminating...

    3 lawyers agreed with this answer

  2. My wife filed for divorce yesterday. What should I do now? Should I hire a lawyer now or wait until I receive the paper?

    Answered almost 2 years ago.

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

    First, the fear and anxiety and confusion you are feeling is normal. The good news is that you do have many options on how to move forward. Given the questions that you have, I would strongly recommend that you speak with an attorney. When you start your research on who to interview, think first in terms of what you would like to see happen. Consider how much you would want to budget, the relationship, if any, you would want to have with your ex after the divorce, etc. You are in a...

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  3. Preparing formal final judgement for divorce. Can I file the final judgement without Income and Expense Declaration?

    Answered over 2 years ago.

    1. Diana Lucia Martinez
    2. Timothy Miranda
    2 lawyer answers

    Nope. You must file your preliminary financial disclosures (there are several forms, some need only be served, others served on your spouse AND filed with the court). You can waive your final disclosures if you so choose. That requires an additional form and a clause so stating in the judgment. You can go online and find all of the forms you need through Los Angeles Superior Court web site. You can also look into hiring an attorney to prepare the forms for you - much lower rate than doing...

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  4. Is it possible to get advice/help from a family law attorney for a fee without retaining one?

    Answered about 3 years ago.

    1. Diana Lucia Martinez
    2. Richard Melone Bryan
    3. Robert Ricci
    4. Valorie L. Kohn
    4 lawyer answers

    I have to agree with my colleague. However, many attorneys will take a case on a "limited scope" basis. That means, they will offer specified services that do not include handling the entire case from filing through trial. So, you can find an attorney who will ONLY do the paper work and/or advise your daughter on her rights, but NOT go to court and make appearances on her behalf. The retainer will likely be much smaller. There are also attorneys who will act as neutrals in putting all of...

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  5. What if both spouses never mingled funds after marriage and both agree to a Summary Dissolution? No wants from each other.

    Answered about 4 years ago.

    1. Diana Lucia Martinez
    2. Kevin Michael Cortright
    3. Robert Lee Marshall
    3 lawyer answers

    If either spouse owns property, you will not qualify for summary dissolution. That does not, however, mean that you cannot peacefully and simply resolve. I recommend working with an attorney. You can hire an attorney as a neutral who can prepare the paper work as per your agreements, you can hire an attorney mediator to help you reach those agreements and the prepare all of the paper work, or you can each hire your own attorneys to cooperate towards a resolution. Each process has its...

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  6. Trying to make sense of my divorce progress, what should I do?

    Answered almost 2 years ago.

    1. Oscar Ernesto Toscano
    2. Richard Eric Anthony Dwyer
    3. Diana Lucia Martinez
    4. Margaret Davalene Wilson
    4 lawyer answers

    Most courts take approximately 6-8 weeks to review and approve/reject the judgment documents. Your paperwork is in the window. It is possible for the court to get to it sooner, but this is what the clerks are projecting. You will receive notice once the judgment is approved or rejected. That notice, assuming the judgment is approved, will give you your effective date of divorce. Until such time, you are still married. If your judgment is rejected, you will receive the documents back (or...

    2 lawyers agreed with this answer

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  7. I was in an 11 year marriage. upon my divorce the alimony was left open, which kept him taking me back to court every year.

    Answered over 2 years ago.

    1. Diana Lucia Martinez
    2. Michael J Corbin
    2 lawyer answers

    This really needs to be looked at by a local attorney. Relying on a free service like AVVO is great for general information, but not for something as complicated and specific as what you are asking. You may be correct that the judge made a mistake. If so, you should have someone with knowledge in this jurisdiction and area of law to make that argument for you. Going back and using the arguments you have shared here will likely not get you very far. You need to have some legal teeth to this...

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  8. I loaned my now husband money before we were married, now that we are divorcing I'm asking the court to uphold the contract we

    Answered over 2 years ago.

    1. Richard Forrest Gould-Saltman
    2. Nicholas Basil Spirtos
    3. Diana Lucia Martinez
    3 lawyer answers

    It sounds like you have a signed contract. This could be handled a number of ways. It could be enforced as a separate property obligation that your husband owes to you, absent any change to the contract (written or oral) during your marriage (what my colleague refers to as a "transmutation". Or it could be enforceable under civil law of contracts as separate from the family law case. Given that you are in a divorce and this is an obligation he may or may not currently owe, it's probably a...

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  9. What are the advantage of filing for legal separation instead of divorce?

    Answered about 1 year ago.

    1. Tobie Brina Waxman
    2. Diana Lucia Martinez
    3. Scheherazade B Rastegar-Djavahery
    3 lawyer answers

    The main difference between filing for legal separation and filing for divorce is that at the end of a legal separation, you are still married. If either of you, at a later time, wishes to remarry, you will have to go through the process again (filing fees, same forms, same disclosures, same judgment documents) to divorce. That having been said, people will select a legal separation over a divorce for a number of reasons. Financially, there is no real difference: community property stays...

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  10. What is the law in regards to division of assets ie household items?

    Answered about 1 year ago.

    1. Diana Lucia Martinez
    2. Gregory Paul Benton
    3. Scheherazade B Rastegar-Djavahery
    3 lawyer answers

    This is a common challenge that many divorcing couples experience. If you are looking to the law for an answer, you will find that anything acquired during marriage, that is not separate property (inheritance, gift, for example), must be divided 50/50. When valuing these items, the courts consider "garage sale" value, not what you originally paid for the item. Most spouses will simply agree between themselves, divide between themselves, and replace what needs to be replaced. Some spouses...

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