Gordon Dale Cruse’s Answers

Gordon Dale Cruse

San Diego Divorce / Separation Lawyer.

Contributor Level 10
  1. What if my husband and I make amends,so can We discontinue the divorce and child custody ?

    Answered 6 months ago.

    1. Gordon Dale Cruse
    2. Talitha Davies Wegner
    3. Gary Ralph Ilmanen
    3 lawyer answers

    Yes of course you can. The law is designed to give couples time to cool off when making the important and difficult decision to end their marriage. California law prohibits the termination of your marital status until at least six (6) months after the responding party (the party who did not file the action) is served with the pleadings (court papers starting the case.) The suggestion above to file a Request for Dismissal is correct. If the Response has been filed, the other party will need to...

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  2. Where to find lawyer(s)expert on military divorce

    Answered over 1 year ago.

    1. Gordon Dale Cruse
    2. Harris Justin Brumer
    3. David Alexander Browde
    3 lawyer answers

    San Diego has some excellent lawyers with a very strong military background. Call a Certified Family Law Specialist. They receive their certification from the State Bar of California, Board of Legal Specialization. Support is something they can easily answer. John, Knoll, John Schweitzer are both Specialists and know military law very well.

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  3. My husband an I are in a process of a divorce he doesn't want the divorce but wants physical custody? But wants no divorce?

    Answered 6 months ago.

    1. Stephen Vincent Smith
    2. James D. Madden
    3. Gordon Dale Cruse
    3 lawyer answers

    You can obtain your dissolution of marriage (a divorce in California) without his okay. When you file your case the court will make orders addressing the sharing of the children, support, and the division of the assets and the debts. For specifics you should talk to a lawyer so you can go over the issues in your case.

    4 lawyers agreed with this answer

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  4. My husband an I are in a process of a divorce he doesn't want the divorce but wants physical custody? But wants no divorce?

    Answered 6 months ago.

    1. Gary Ralph Ilmanen
    2. Gordon Dale Cruse
    3. Kim Marie Staron
    3 lawyer answers

    You can obtain your dissolution of marriage (a divorce in California) without his okay. When you file your case the court will make orders addressing the sharing of the children, support, and the division of the assets and the debts. For specifics you should talk to a lawyer so you can go over the issues in your case.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Benefits to separating but never seeking legal separation or divorce?

    Answered 5 months ago.

    1. David Frederick Blaisdell
    2. Gordon Dale Cruse
    3. Alexandra Rachel Lavinsky
    4. Edna Carroll Straus
    4 lawyer answers

    The benefit of a judgment of legal separation is the legal end of the "community" and that's a big deal. Sure you can just live separate and apart but that does not tell the rest of the world you have no joint estate with your spouse. Debts can be a problem if your spouse gets a credit card and doesn't pay the debt. It's a simple resolution when the creditor contacts you, to just present a copy of the judgment. There are some estate issues as well. A meeting with an estate planning lawyer...

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  6. Request of second hearing after judgment in divorce case.

    Answered 6 months ago.

    1. Gordon Dale Cruse
    2. Robert Bruce Kopelson
    3. Jeffrey Ira Schwimmer
    3 lawyer answers

    This is a very technical problem for you. It's called a motion for reconsideration. It has to be filed within 10 days of the court's order being filed and it must be based upon new facts or law not available at the time of the initial hearing. Your motion is filed with the clerk and then presented to the court for permission to be set for a hearing. If your motion does not set forth the new facts or law the judge will not okay the setting of a hearing on the reconsideration request. You really...

    3 lawyers agreed with this answer

  7. Missing Items In a Divorce - Who is responsible

    Answered 5 months ago.

    1. Gordon Dale Cruse
    2. Nicole Nuzzo
    3. Richard Carl Perry Jr.
    3 lawyer answers

    Part of the answer depends upon the character of these assets. Are the items she is claiming to be missing her separate property? If so and the court believes they were left with you, the court has the power to order you to pay her the current value for them. Not knowing what kind of stuff you are writing about makes this answer a challenge. Now if the things are community property the court will try to divide community assets equally but will look at all of the community assets, not just her "...

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  8. Which news media forum would be the best to use to expose the broken family legal system in CA and what would be the best forum?

    Answered over 4 years ago.

    1. Gordon Dale Cruse
    2. Thomas Daniel Nares
    3. Alan Roel Rothstein
    3 lawyer answers

    First and foremost I am sorry for your situation and for the system letting you and your children down. You might find the San Diego Union a good source. They have run a number of pieces over the past few years on the family courts in San Diego County. The articles are available on-line so you might try contacting the writer. The Reader has also printed articles about the family court system. I suggest you write to the Supervising Family Court Judge for San Diego. She is the Honorable Lorna...

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  9. Family court - what can i do about spousal support that hasn't been paid for. Got a court order for the employer to garnish.

    Answered 6 months ago.

    1. Gregory Paul Benton
    2. Gordon Dale Cruse
    3. Stephen Ross Cohen
    4. Kathy A Minella
    5. Bernal Peter Ojeda
    5 lawyer answers

    This is a free solution so that means it will take time. You can seek the assistance of the Dept, of Child Support Services. Yes, I know you said spousal support but the department will do spousal support cases but they are extremely slow as they are charged with getting back child support paid out on aid cases. If you want a faster solution hire a lawyer who can get after the employer, and even pursue a contempt citation. The court will jail your ex-spouse for the nonpayment of spousal...

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  10. Is a motion to compel a prerequisite to a motion for issue sanctions?

    Answered 6 months ago.

    1. Gordon Dale Cruse
    2. Gregory Paul Benton
    2 lawyer answers

    The answer to your question is yes, you can file the motion for issue sanctions but the court is not going to grant them. Your first thought of a motion to compel for EACH discovery demand and ask for issue sanctions, that's 4 motions, one for each request, would be the better thing to do. As to the RFA's you want to file a motion to have the admissions deemed admitted. For the interrogatories and the documents, motions to compel. When your spouse ignores these motions, ask the court for your...

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