Diana Lucia Martinez’s Answers

Diana Lucia Martinez

Ontario Divorce / Separation Lawyer.

Contributor Level 14
  1. In a divorce settlement agreement can you state case cannot be dismissed until the check clears the Bank.

    Answered over 2 years ago.

    1. Richard Forrest Gould-Saltman
    2. Diana Lucia Martinez
    3. Michael Charles Schwerin
    4. Matthew Jacob Rudy
    5. Donald Frederick Conviser
    6. ···
    6 lawyer answers

    If you mean, the case will not be "closed" until the check clears, this is generally handled, not by delaying the divorce completion, but through enforcement provisions that should exist in your judgment - something to the effect that the court retains jurisdiction to enforce the provisions of the judgment.

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  2. Working out Divorce and Custody

    Answered about 3 years ago.

    1. Diana Lucia Martinez
    2. Bernadette Maxine Marcy
    3. Donald Frederick Conviser
    3 lawyer answers

    Absolutely! My suggestion would be to prepare yourself for the conversation and, also, prepare your spouse. Most couples, over the period of their relationship, develop habits in how they communicate with each other. For spouses going through divorce, those habits are usually not very healthy or effective. If you approach this conversation as you have in the past with other conversations, you are practically guaranteed to fail. Talk to a communication coach first, preferably someone who is...

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  3. I found out that the man i married was still married to his first wife but he did not know he thought she got divorced but she d

    Answered over 3 years ago.

    1. Diana Lucia Martinez
    2. Richard Forrest Gould-Saltman
    3. Richard Eric Anthony Dwyer
    3 lawyer answers

    If he was still married, you are not married to him. He will need to complete his divorce by filing the proper papers in the proper court. If it is not contested, he can easily have an attorney draft everything (often for a flat fee). I do recommend working with an attorney so that you know it is done right, and if it isn't, it's that attorney's license that's on the line. Once he is divorced, and 6 months after the date he or his spouse is served or appears before the court (either on...

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  4. My attorney keeps delaying and not getting the job done. I have been getting divorced for 4 years..

    Answered over 3 years ago.

    1. Diana Lucia Martinez
    2. John Hamilton Kibbler
    3. James Louis Miller
    3 lawyer answers

    It is always a good idea to try and resolve the issue directly with your attorney. Unfortunately, I understand that this can be uncomfortable and, often, intimidating. f you are not satisfied with your attorney, for whatever reason, see if you can work through it directly with him or her. Be sure to follow up your discussions with a written summary to your lawyer: "To confirm our conversation on (date), you told me that you would be filing..." This way, there is no misunderstanding. If you...

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  5. In the state of California, at what point are you "legally" separated?

    Answered over 3 years ago.

    1. Diana Lucia Martinez
    2. Rajeev K Sachdev
    3. Richard Eric Anthony Dwyer
    4 lawyer answers

    It isn't clear to me if he filed for divorce or legal separation. No law prohibits you from dating (even, gasp, during marriage). That's the reality, I'm not making a judgment call or promoting such conduct. Re-marriage, however, is another issue. Here are the basic requirements, whether you or your spouse has filed for divorce or legal separation: Step 1: file petition Step 2: serve petition and summons Step 3: file response - if you fail to file a response, your spouse can request that...

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  6. Moving out of Home that is leased

    Answered over 4 years ago.

    1. Diana Lucia Martinez
    2. Rebekah Ryan Main
    2 lawyer answers

    Yes. As can he. Your best bet would be to get temporary orders giving you exclusive use and possession of the home while the divorce is pending. This can be done either by noticed motion and hearing on this issue, with a judge issuing the order at the end (takes about 45 days for the hearing), or you and he can reach an agreement, draft it into an order, and file it with the court (takes 1 hour - never, depending on how well you and he can resolve these issues). See an attorney to analyze...

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  7. Can I stay or should I go? Possible Divorce

    Answered over 4 years ago.

    1. Diana Lucia Martinez
    2. Richard Forrest Gould-Saltman
    2 lawyer answers

    It sounds like there are community property characteristics to your assets and debts. The fact that all assets are in one spouse's name is necessarily the determining factor. As for your financial concerns, yours is what is commonly referred to as a short term marriage (less than 10 years). This will affect any spousal support orders. For more information on Spousal support, you may want to take a look at Family Code Section 4320. This code lists the factors considered in making permanent...

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  8. In a divorce, is there any real advantage to filing first?

    Answered about 5 years ago.

    1. Diana Lucia Martinez
    2. Michael Douglas Shafer
    3. Matthew Scott Crider
    3 lawyer answers

    Some litigation attorneys say there is, but I have yet to see that, other then you pick which court and it's up to the other party to accept or challenge. If you feel custody will be a big issue, I strongly recommend that you get informed about all options available through divorce, including mediation and collaboration. Working with a coach and/or child specialist will help keep both of you focused on the child/ren rather than allow your animosity turn your child/ren into another divorce...

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  9. I'm trying to complete a divorce from 12 years ago that is still pending. Uncontested, no kids, no property.

    Answered almost 2 years ago.

    1. Gregory Paul Benton
    2. Diana Lucia Martinez
    3. Britney L. Malpiede
    3 lawyer answers

    Your fact pattern does not make sense - after 12 years, with no children and no property, it is very likely that your case has been dismissed. I would strongly recommend that you invest in an attorney to look into the process and see what has happened and how to correct it. It may be a simple matter, or you may have to start all over. Sadly, my colleague is correct: this is a common problem with using independent paralegals, rather than an attorney. And, you have little to no recourse,...

    2 lawyers agreed with this answer

  10. I live in CA. I found out my husband has been cheating on me via asian massage parlors, once to twice a week for 2-3 years now.

    Answered over 2 years ago.

    1. Hillary Johns
    2. Donald Frederick Conviser
    3. Diana Lucia Martinez
    4. Daniel Seth Williams
    5. Michael Roger Schneider
    5 lawyer answers

    You have had a number of responses that are excellent suggestions. My question to you is what do you want? This is what should guide you in selecting a path for divorce/separation/ whatever. You need to speak with an attorney so that you decisions are well-informed. The legal realities are important. And so are the practical realities. You need to understand California rules of community property and prenuptial agreements. I would think that you would also want to understand the process...

    2 lawyers agreed with this answer