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Samuel R Walker

Samuel Walker’s Answers

143 total


  • Would I get accuse of abandoning my husband if I move out of his house taking my daughter and staying with my mom?

    He doesn't work he always smokes... I've had issues with him before getting married I called the cops on him because he hit me and called me names... he gets mad very easily and everything that happen he calls me names and kicks me out his house...

    Samuel’s Answer

    There is no issue with abandonment, you are entitled to move out at any time. If there are any custody orders in place you will need to continue to allow child visitation. Also, if he has any children you may not take them with you without his agreement. Feel free to call for a consultation.

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  • Do I have to go to court??

    I got a speeding ticket i was driving at 91 miles an hour which i didn't even realize because i really needed to find an exit and use a bathroom so i got a ticket that has a court date on it! do i have to go to court or wait for the fine and im do...

    Samuel’s Answer

    This will depend on what state you got your ticket in?

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  • Default form to fill out in divorce

    I live in los angeles county and i have filed for divorce and he has not responded and it has been 30 days what form do i need to fill out now and provided to the clerk to proceed with my divorce

    Samuel’s Answer

    I agree with the other attorney answers. It is especially important for dividing property and retirement accounts that you do everything correctly. Your courthouse should have a self help center where you can go to have someone give you the proper forms. Alternatively, you can find an attorney for a default divorce at reasonable price if you check around.

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  • How do you divorce someone in Australia?

    I have a friend who is incarcerated and wants to divorce his wife who lives in Australia. He has tried before and didn't go through. He has a last known address but he is not sure she is still there. I have tried to find her too but no luck. what...

    Samuel’s Answer

    I agree with the other attorney answers. You will need to show the court what efforts that you took to locate her, where her last know address was and your attempts to locate her through the information that you have. You could also use a people finder via the internet to try and locate her with her identifying information such as name, DOB, SS#.

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  • I was going to be terminated but resigned during my interview. What will employer list in my personal file?

    Wrongfully accused of harassment and was going to be terminated not sure what they will list as my employment end reason need help!

    Samuel’s Answer

    This is an employment law question.

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  • Attorney's Fees in Divorce Case

    My wife has an attorney and I don't. Her attorney asked the court to order me pay for her attorney's fees. He used my separate property declaration (which I claimed a property to be mine while it is in both of our names and she has declared it as...

    Samuel’s Answer

    The judge was required to consider the financial position and the disparity in income and access to funds when making the order. Here is the code section that is relevant.
    FC2032
    ...
    (c) The court may order payment of an award of attorney's fees and
    costs from any type of property, whether community or separate,

    You should hire an attorney to help you as you are facing a party who is represented and it is not wise to proceed without a lawyer. Some attorney's will allow you to pay after the dissolution has ended through a lien on the real property, "family law attorney's real property lien".

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  • Can i move out of my house and take my kids we with me.

    I live in California and I can't stand the situation with my husband, can i move out in same county and take my kids with me?. I can't wait until court date for the judge to decide on this. My husband took everything away from me, cars and mone...

    Samuel’s Answer

    You are not required to stay living in the same house. Your kids may be a different situation and you will need to make sure that you discuss that matter with him first and that you both agree on some reasonable living situation and visitation. If you cannot agree you should file an emergency request for order prior to taking the kids out of the home. If you take the kids without his agreement and without allowing him to know where they are and do not let him contact them you may have kidnapping charges filed against you.

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  • I need your help please

    I was caught shoplifting for 2 lipsticks at a walmart in ca.. Police were no involved , will this show on my record? Background checks? Will my current job know? I'm super scared .. Will I have to go to court? So many questions going through my he...

    Samuel’s Answer

    If a police report was filed then you will get charged with a misdemeanor and need to appear in court. You will need to consult with an immigration attorney prior to handling your criminal matter. If a police report is not filed then it will not appear on your criminal record.

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  • My divorce in CCC was final in 2011. IRS sent me Notice of Tax Assessment for 2010 stating I under reported my income.

    I filed separate-married. My ex supported me. No $ of my own. IRS states premature distribution from qualified retirement plan. My ex liquidated and spent our pension fund w/o telling me before divorce finalized. He also filed jointly w/o my signa...

    Samuel’s Answer

    You will need to speak with a tax attorney regarding the innocent spouse relief and a family law attorney for the fraudulent disclosures in the dissolution. You can possibly reopen the dissolution if he fraudulently failed to provide all financial disclosures. You may in that case be able to get a ruling that he pay all the back tax debt and thus eliminate your need to hire a tax attorney to file for innocent spouse relief.

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  • Want annulment not divorce lied on marriage license did not list real name and he is bipolar manic depressi/ now deported felon

    Did not know citizenship status or criminal record he did not disclosed mental health issue at time of marriage has 15 plus aliases.

    Samuel’s Answer

    An annulment can be granted if the fraud goes to the essence of the marriage. I have been able to get an annulment for prior clients but you will need to have evidence to support the fraud. How long ago were you married? Did you live with him after marriage?

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