Skip to main content
Samuel R Walker

Samuel Walker’s Answers

143 total


  • What to do if a judge refuses your fee waiver and wants you to pay before you get heard?

    My judge set a fee waiver hearing, and didn't ask I bring any financial documents. I brought them anyway, I have no income, making a loss for years, family is loaning me money to survive. Judge wrote on minute order that he doesn't believe me? The...

    Samuel’s Answer

    You will need an attorney to look over your documents that you filed to explain to you what happened and why. Did you fill out the forms completely and correctly etc....

    See question 
  • Buying a home with my own money and without my husband, california

    Living in CA, I filed for divorce in 2009 , since there, my husband and I are separated and each living with own finance. I want to buy a rental propriety and he said he wont sign any paper, do I need him to sign papers at closing escrow?

    Samuel’s Answer

    More information is needed to give you a good answer, however, the following is a basic rule; Property acquired by either spouse during marriage but after separation is ordinarily the acquiring spouse's separate property.

    See question 
  • My husband divorced me two years ago without me knowing but still lives with me. Now he has a new girlfriend and is threatening

    To take them and just leave me, when I have not worked in years what can I do?

    Samuel’s Answer

    You need to go to the court and obtain copies of all the documents that were filed in your case to see if there was any fraud on the part of your x spouse. You should have been served court documents prior to the judgment. If you were not served or not served properly then you may be able to have the judgment set aside.

    See question 
  • My wife filed for an uncontested divorce. We have 2 kids. I read the petition and agree to it all.

    She was told that I wouldn't have to spend the court fees if I get a notarized letter stating that I agree with what is in the petition. Is that correct? Is there a template for such a letter?

    Samuel’s Answer

    If you do not respond the opposing party may proceed by default and the judge will order everything as requested on the forms. If you disagree with anything you must respond or you will lose your right to contest that issue. It is always best to answer and obtain a notarized agreement filed with the court as the other attorney's have indicated. You should seek an attorney to help draft the agreement to ensure that everything works out as planned.

    See question 
  • How do I amend my divorce? Are there forms to do this or do I need a lawyer?

    I did my divorce myself while my ex-husband had a lawyer. I forgot to include some terms in my Income form and was not alerted to it by my ex-husband. I realized I am not receiving as much money as I can on spousal support because of it. How do I ...

    Samuel’s Answer

    If you forgot or neglected to report items in your required disclosures then you should consult an attorney privately to discuss your options. You may be able to file a new Request for Order to disclose the information and obtain a new support amount. However, the opposing party may be entitled to reopen the dissolution action because of your failure to report your required information correctly. It would be best in your situation to contact an attorney to review your documentation and alternatives.

    See question 
  • Following a default judgment of uncontested divorce - property and asset division. What to do when other party can't be found?

    The other party is hiding and sending threatening and harassing messages via email to family and friends. Domestic violence restraining order granted but unable to be personally serve. How to proceed with judgment collection?

    Samuel’s Answer

    Your first step is to ensure that you have a valid judgment in the family court. Was service done properly and was a proof of service filed? Once you determine if your judgment is valid and will withstand any motions to set aside you can begin the collections process. You should contact an attorney to discuss your collections alternatives.

    See question 
  • Is it possible to speak directly to an assistant district attorney if you are a conservator of 44 year old child?

    My son is accused of a crime I don't believe he was aware he was committing. Is it possible to present evidence to someone in the district attorney's office myself? My son is in custody now and we are unable to get visitation until Wednesday. Dete...

    Samuel’s Answer

    As a general rule you should never talk to the DA and should leave all discussions/negotiations to an attorney. Additionally, as a conservator you could be liable for any mistakes you make, you need to consult the conservator's attorney who will likely advise you to hire a criminal defense attorney for your son.

    See question 
  • My son was charged with residential burglary. The prosecution offered him a 2yrs with a strike. Is this a fair sentence?

    My son was arrested with his co-defendant with two bikes that were taken from a near carport. There is a witnesses that places them near the building but didn't see them take the bikes or enter the building. My son has a previous arrest for drin...

    Samuel’s Answer

    I agree with the other attorneys that you should not discuss the facts of your case on this public forum. You should also be aware that if you go to trial and lose your son will likely receive a greater sentence and do more time than the two years offered for a plea. Make sure that you find out from your attorney what the maximum exposure is.

    See question 
  • Do I need to reply to the respondent if they are requesting that I cover court fees and attorney fees?

    I have received 2 large packets in the mail, which are responses to a petition I filed. I the responses the respondent has requested that I cover attorney fees, courts fees, and hospital fees from 3 years ago that I was not even aware of. Do I nee...

    Samuel’s Answer

    It would be helpful to know what type of RFO you filed, Dissolution, Child Custody etc....? If the two of you can come to an agreement you should contact an attorney to draft an agreement and provide you with the correct forms and mandatory disclosures (if needed) to facilitate an order/judgment. If you file a dismissal which includes the attorney's fees and it is signed by both parties then all requests by each party will be dismissed.

    See question 
  • Safety of children in family divorce

    My ex is taking our children to his new property on the weekend and having them work on the land. Our children are young. My biggest concern is that he has them riding on tractors and this is unsafe for our young children. I have brought this to h...

    Samuel’s Answer

    You would need to prove that your x is doing something that is not in the best interests of the children ie...the situation presents an immediate threat of harm the children. I am not sure that riding on a tractor with adult supervision would qualify. If there is something illegal or inherently dangerous you could request an emergency temporary order from the family court, you should consult an attorney if you believe that there is a real danger.

    See question