Diana Lucia Martinez’s Answers

Diana Lucia Martinez

Ontario Divorce / Separation Lawyer.

Contributor Level 14
  1. I filed for divorce, and I give a copy to my husband, and made a copy and send it out to the court, but what now!!!! What is

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Georgina Lepe
    3. Diana Lucia Martinez
    4. Scott Charles Maccabe
    5. Joseph Torri
    6. ···
    6 lawyer answers

    This can be a very confusing and frustrating process. First, in order for service on your husband to be proper, it must be done by someone other than you, who is also over the age of 18, and it must be personally served on your husband, unless he agrees to accept service by mail, which requires an additional court form. Next, you must file your proof of service with the court. Once that is completed, it is up to you to move the case forward. You may have already received a court date for a...

    2 lawyers agreed with this answer

  2. How can i go about filing for a judgement on my divorce? we went to court in 2008 and agreed upon everything including visitatio

    Answered almost 2 years ago.

    1. Michael Roger Schneider
    2. Nazanin Ghazi
    3. Robert A. Stumpf
    4. Diana Lucia Martinez
    4 lawyer answers

    My colleagues are correct. There is another alternative. You could request mediation through the court. Mediations are held the 1st and 3rd Friday of each month. There is currently a rather long wait, as I understand it. Once you are on the mediation calendar, the clerks will put your file together for the mediator, will all documents prepared, blanks to be filled by the mediator, and a stack of additional documents that may be needed for your case to be closed. The mediators are...

    2 lawyers agreed with this answer

  3. How do I value a transmuted community property in divorce settlement?

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Diana Lucia Martinez
    3. John Noah Kitta
    4. George Baker Richardson
    4 lawyer answers

    Your question has generated several very good responses from some highly regarded professionals. I wanted to add a couple of comments. Your question is complex. There is no easy answer. Providing a reliable and accurate response requires more information than you have given. It actually requires a legal AND financial analysis as to what would make sense. Sadly, the law is what it is. And it applies to everyone, "cookie-cutter" fashion, regardless of your knowledge of the law,...

    2 lawyers agreed with this answer

  4. My husband is using a paralegal service to draw up a divorce settlement, and to finalize the divorce is this legal.

    Answered almost 2 years ago.

    1. George Baker Richardson
    2. Donald Frederick Conviser
    3. Richard Eric Anthony Dwyer
    4. Diana Lucia Martinez
    5. Margaret Davalene Wilson
    6. ···
    6 lawyer answers

    This is one of those situations where, if you have to ask the question, you already know the answer. It is a misdemeanor for a person who is not a licensed attorney to give legal advice. Sadly, the district attorney does not have the resources to go after each individual. If it were a large organization affecting millions of dollars, that would be a different story. If you want accurate legal advice, you should consult someone who is experienced AND LICENSED in that field. I would no...

    2 lawyers agreed with this answer

  5. How far has the divorce proceeding gone if his party's status says "first paper fee paid"?

    Answered almost 2 years ago.

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

    It means your spouse filed a petition for dissolution and paid the filing fee. That's it. This is just to open the case. You can compare this with other cases, if you'd like. Go back online to where you found your case, go to the court's docket (look up a family law court room), pick any court calendar day in the future, and click on one of the cases that appears. I have detailed instructions on how to do this on my web site. This will give you a good idea, by comparison with other cases,...

    2 lawyers agreed with this answer

  6. When it says "Petition Filed. Summons Issued." on the divorce case, does it mean that husband has filed and sent a copy to me?

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Diana Lucia Martinez
    3. Donald Frederick Conviser
    4. Ralph U. Whitten
    4 lawyer answers

    It means that he has filed a petition and the court gave him back the court stamped summons and petition so that he can serve you. "Summons issued" just means the court has stamped it and it can be served. A case has been opened. He must now have you served and once that is completed, he will have to file a proof of service with the court, at which time you will have 30 days to respond. But not until you are properly served. I hope this response is helpful. If you have other questions,...

    2 lawyers agreed with this answer

  7. I filed the dissolution last November, my spouse was personally served. She filed her response 3 days after being served.

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Michael Roger Schneider
    3. Diana Lucia Martinez
    4. Robert Ricci
    4 lawyer answers

    Filing the proof of service puts the court on notice as to when it actually acquired jurisdiction over your spouse (the ability to make orders that are binding on your spouse). This will affect the date that you are declared "single" again. You will be deemed "single" no earlier than 6 months and 1 day from the date the Respondent was properly served or the date he/she appeared before the court, whichever came first. Of course, you also have to have either a divorce decree (either by the...

    2 lawyers agreed with this answer

  8. How to waive the 6 month waiting period for a California divorce? In what circumstances one can have that period waived?

    Answered about 2 years ago.

    1. Robert Brett Burch
    2. Diana Lucia Martinez
    3. J Charles Ferrari
    4. Robert Ricci
    4 lawyer answers

    The 6 month waiting period cannot be waived. You may, however, qualify for a summary dissolution. There are specific requirements for this. While it does not change the 6 month period, it is an expedited (regarding disclosures), and less expensive (court fees/atty fees), way to divorce... again, assuming that you meet each and every requirement.

    2 lawyers agreed with this answer

  9. I live here in California once I file for divorce can I move to Mexico

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Diana Lucia Martinez
    2 lawyer answers

    Yes. However, you may want to have someone working with you and your husband to get the divorce finalized. Once you file, you must serve your husband. He then has 30 days to respond. In order to file his response, he must serve you. So he will have to know where to serve you. If you prefer he not know where you are, you may want to hire an attorney or do this through mediation so that you can move on in peace. In order to complete your divorce, you and your husband will have to also file...

    2 lawyers agreed with this answer

  10. When my husband was in jail for two years, I bought new furniture Can he fight for it even though he was in custody of the state

    Answered over 2 years ago.

    1. Diana Lucia Martinez
    1 lawyer answer

    Are you currently divorcing/separating? You do not mention where you are at in the process. I will assume you are going through a divorce or planning to do so. Since there are very limited facts and could, very likely, be more facts of which I am not aware that could impact the answer to your questions, you should not rely on any specific responses. You should consult an attorney who can review all of the relevant information and documents to properly advise and counsel you. I understand...

    2 lawyers agreed with this answer