A no fault means; neither party has to have grounds or reasons to get divorced; mainly "affairs" play no role in the court ultimate judgment granting divorce. Annulment on the other hand is granted only if you prove sufficient grounds such as fraud, incestuous marriage, bigamy, etc. . Marrying someone for the sole purpose of obtaining residency in this country is considered fraud.
Factual evidence may include that you have not lived together, attended family gathering and holidays...
If you file a TRO against her, you will need to tell the court about the case that she filed against you, the judge will make the decision, consolidate the two cases and if he grants your TRO, the new one will be controlling. I believe the judge will set the hearing on the two matters on the same date.
Interesting; are you sure she declared you as her dependent or as married filed jointly. At any event, you can claim anything from her. However, without an open case with the court, you cannot force her to do anything.
Well the best practice is to serve both; if this is out of question and you have to pick one, then I would rather serve the attorney over serving your husband. You need to write a letter to the attorney demanding to detail the scope of her/his representation and act accordingly.
Family law lawyers do not usually send their clients to psychotherapy; it is usually ordered by the court as part of reunification therapy; domestic violence situation; alcohol and drug dependency and other parenting issues.
Read Family Code 2122 and see if it applies to this situation. If you want to base your set aside on mistake of law, you have only one year after the entry of the judgment and it applies only to uncontested judgments. There are other grounds for set aside under 2122 but I will not be able to advise you further. This is very complicated area of the law and you need to obtain a very competent family law attorney to review the judgment and advise you on the proper procedure and grounds to set...
Good and very complicated question to answer. It really depends; if the compensation settlement award (or portion of it) was for past or lost wages during the marriage; she may have a CP claim. If it is for future medical and future wages, it is separate property. If the award is directed to compensate for past medical expenses paid by the community then she may have a claim there. You need a lawyer to examine the settlement and research the law on this one. Thank you for your question.
If I understand correctly, this what will happen; the court will grant the motion to bifurcate but will demand the PDD exchanged. The motion to compel should have included as a remedy, a request to strike his response, waive the requirement to receive his PDD and proceed to full trial by default.