Debra Nessa Caligiuri’s Answers

Debra Nessa Caligiuri

Carlsbad Divorce / Separation Lawyer.

Contributor Level 6
  1. Should she try to sit down and work out a deal, or go to the court appointed mediator?

    Answered 8 months ago.

    1. George Anthony Munoz
    2. Robert Ricci
    3. Debra Nessa Caligiuri
    4. Andrew Russell Page
    4 lawyer answers

    It sounds like your friend is dealing with a bully who will not be satisfied unless he "wins." I would not recommend sitting down with him prior to the court's scheduled mediation. Instead, she should fully prepare for the mediation and consult with a professional who can help her to do so. In California family court, the child custody mediation is an integral part of the process which will set the foundation for the Court's custody orders. Your friend should go into the mediation...

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  2. I'm going through a divorce. My husband purchased a piece of land before we were married, which he plans on currently keeping

    Answered over 3 years ago.

    1. Debra Nessa Caligiuri
    2. Bruce Allan Boice
    2 lawyer answers

    There is a strong presumption that the land is separate, as it was purchased prior to marriage and the title is one name alone. Is your husband's name the only one on the loan as well? However, the community would own an interest in the land, due to the fact that payments were made during the marriage, from you or your husband's earned income during the marriage. I say "would have an interest", as the value of that interest is arrived at through a mathematical formula, and is limited by...

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  3. My ex said i had a drug problem she took me to court an the original visitation agreement was changed.

    Answered almost 5 years ago.

    1. Debra Nessa Caligiuri
    1 lawyer answer

    You need to provide official documentation of your successful completion of the steps the Court ordered you to take. If you can, provide your most recent "clean" test. The burden will be on you, to prove you can stay clean and sober. The Court may want to give your daughter time to build back up to the original visitation schedule. So long as you remain on path of sobriety, and prove a reliable, dependable parent, you will be fine. As far as your ex's father, you want to keep the focus...

  4. How do I protect myself and assests now, if he wants a divorce?

    Answered almost 5 years ago.

    1. Debra Nessa Caligiuri
    2. Kevin Michael Cortright
    2 lawyer answers

    Your first task is to obtain credible legal and financial information which addresses your specific concerns. Chances are, if you've only been married for 2 years, at least some of your assets were acquired prior to the marriage, or with funds you earned prior to the marriage. If this is the case, you have separate property which your spouse has no interest in. It's important to gather your documentation, showing how title is held, when assets were acquired, etc. With the correct legal...

  5. My wifes ex husband is not paying on there old house and we cant get 1 bcuz of it. is bankrupcy our only route?

    Answered almost 6 years ago.

    1. Edgardo Rafael Baez
    2. Debra Nessa Caligiuri
    2 lawyer answers

    You need to read the Judgment from your wife's divorce and talk with the prospective lenders. Unfortunately, this is a common problem, and sometimes not anticipated at the time of the divorce. First, check the divorce papers --- was Husband ordered to remove Wife's name from the loan, through an assumption or refinance? If so, the credit report needs correcting to reflect this. If not, do the Court papers say that Husband is fully responsible for payment of the loan? Is your spouse held...

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