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Gregory Paul Benton

Gregory Benton’s Answers

9,682 total


  • Wife says she's been gay all of her life, left me, moved in with the person she was having affair with. Grounds for annulment?

    We have been married for 20 years. My wife suddenly announced that she was gay and has been all of her life. She began an adulterous affair under the roof of the family home we share with our two children. She moved in with the new girlfriend and ...

    Gregory’s Answer

    I do not see this as grounds for an annulment.

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  • Does the other party in a divorce action need to file a Income and Expense Statement with his Response?

    I filed a RFO for attorney fees to be paid by my spouse. He has not resplied to the filing. I understand the attorney fees is based on disprity of income in most cases. but what if he has not filed and I cannot tell what he earns and spends. Can ...

    Gregory’s Answer

    An I&E must be filed but not necessarily with the Response. You need to demand that an I&E be prepared, filed and served along with the other party's Preliminary Declaration of Disclosure. Why aren't you asking your attorney this question.

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  • What is the statute of limitations on a divorce filed in 2010?

    I filed for divorce many years ago but did not serve my husband the papers as we had a rapprochement. Although I've done my best, there is a lot of water under the bridge. I am about to inherit money from my mother's estate and live in Californi...

    Gregory’s Answer

    If you filed but never completed the divorce, the it has probably been dismissed by now. But regardless of your marital status, what you inherit will be your separate property. Just keep it separate from other community property accounts and don't comingle the inheritance with any other funds.

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  • Does a grandniece have any claim on an intestate estate where her father predeceased the decedent and there is one living nephew

    The decedent had no children and both parents predeceased him. The decedent had two brothers and both predeceased him. There are remaining 1 living nephew and 1 living grand-niece. Does the estate go entirely to the 1 living nephew or does the ...

    Gregory’s Answer

    The grand neice would probably step into the shoes of the parent who would receive a share of the estate. Suggest that a probate attorney be brought on board to help with this.

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  • Do I have any interest in the home? If so, how do I determine how much my interest is?

    We purchased a home during marriage in my husband's name. Around the same time, I signed a quitclaim deed so that we could obtain a better interest rate. The loan was also in my husband's name. The grant deed and the quitclaim deed were recorded o...

    Gregory’s Answer

    Yes you do have an interest in it but you need legal assistance to argue this and how the FC supports your contentions. Also, you might have a claim against the loan agent that actually forced you to do this.

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  • How can I claim my portion of the property in s. Korea if I choose to divorce? (My husband is refusing to add my name).

    My husband owns property in s. Korea but my name is not included. The property was purchased while we are married for 20 years.

    Gregory’s Answer

    You "claim" your share by stating it on your FL-160's and/or your FL-142. If he doesn't agree, then you go to trial and the court will probably award you an equalization against his refusal to acknowledge your share. Besides, you don't need to have your name on it in order for a court to award you your CP share. Get an attorney to get this done. Your ex might be required to pay your attorney fees.

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  • Can I withdraw all my money from join account before filing for divorce if our marriage is less than 4 months?

    I am married for less than 4 months....Things are not working out so I am planing to file for divorce. I have joint account with my spouse but all the money in the account are from my salary checks. He maintains his own separate accounts. I do...

    Gregory’s Answer

    No you cannot withdraw the money from the joint account before filing for divorce even though you have been married for only 4 months. That would not be a good move.

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  • Can executor beneficiary and trustee of this date come in the property and take whatever they want

    my aunt is executor trustee and beneficiary of the Estate. I'm a beneficiary and I have not been informed about any decisions or given any property she goes into the house and takes whatever she wants and she takes things for her family she has no...

    Gregory’s Answer

    Confusing question. You use the term executor and trustee. Is your aunt a successor trustee of a trust? Or is this about a Will that has been submitted to probate? Does your aunt have Letters showing she was appointed as the executor of an estate that is in probate? What you need to do depends on what is actually going on.

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  • Does one have to go to a court hearing for a bifurcation of marital status?

    I m the petitioner in a divorce that has been going on for more than 2 years even though we don’t have any assets. We do have custody issues regarding our three children that needs to be worked out. We have turned in our final disclosures. I file ...

    Gregory’s Answer

    Do you mean you filed for a hearing to bifurcate your marital status? Of course you need to attend the hearing.

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  • Just got laid off, how it will affect my divorce to my wife? Should I start divorce before looking for new job?

    Currently separating, thinking about divorce my wife, she is living with my 2 kids. But now I just got laid off, how it will affect my divorce? Should I start divorce before I am looking for other job or should I wait after find new job? how it wi...

    Gregory’s Answer

    Effects of the layoff might affect the issue of spousal support and/or child support if the children are minors. But which way it will go can't be determined as I need actual numbers on earning and other factors such as spouse's income. As to starting divorce now or looking for a job, look for a job now regardless of when you file for divorce. As to benefits, again I would need to know a lot more information to answer that question. Suggest that you pay for at least one hour of time with a skilled family law attorney to help you with your questions.

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