Deloise Elizabeth Tritt’s Answers

Deloise Elizabeth Tritt

Family Law Attorney.

Contributor Level 8
  1. Is my marriage valid in the state of CA if my husband is married to another woman, can I face criminal charges for his bigamy

    Answered over 5 years ago.

    1. Deloise Elizabeth Tritt
    2. Gabriel Cheong
    3. Lourdes Maria Fernandez
    4. Erasmo John Compatore
    4 lawyer answers

    When and if your husband is validly divorced from wife 1, your marriage will become legal in California. No, you cannot be arrested for bigamy, but you should not hold yourself out as married on state and federal tax returns until the divorce from wife 1 is completed, and you may need to amend you tax returns for prior years - please check with a CPA (accountant) as to your responsibilities for taxe returns previously filed as joint. . No one really procecutes people for bigamy any more, so...

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  2. If I have sole legal and physical custody of my daughter can I move out of state with her

    Answered over 5 years ago.

    1. Dianna Gould-Saltman
    2. Deloise Elizabeth Tritt
    3. Marshall William Waller
    3 lawyer answers

    You will need to read your order carefully. Does your order say you must give notice of intent to move, or get permission of the court? do it have a restraint against relocating the residence of the child? Your best bet is always to take the high road and give notice of your intent to move at least 60-90 day sin advance of the move and file a motion seeking permission of the court to move - this lets the court know you are making fdit and proper parenting decisions. If your ex will...

    2 people marked this answer as helpful

  3. Seeking affordable divorce attorney in CA state, what is the average cost of divorce

    Answered over 5 years ago.

    1. Sandra Dee Munoz
    2. Deloise Elizabeth Tritt
    2 lawyer answers

    Some issues require the assistance of a competent attorney, such as issues of real property (land, real estate, homes), pensions and custody. The Family Code now provides that the court must order attorney's fees for the less financially able spouse. When file the first papers you will want to also file an "Order to Show Cause" for child support, spousal support and attorney's fees to give you the financial resources to complete the divorce on equal footing with your husband. Paralegals vary...

    1 lawyer agreed with this answer

  4. Is a spouse entitled to tribal per capital income received by husband in event of divorce

    Answered over 5 years ago.

    1. Marshall William Waller
    2. Deloise Elizabeth Tritt
    2 lawyer answers

    There are various ways to go about solving this problem, and not necessarily all of the involve litigation, unless you want to end up in divorce court. Your husband can talk to the tribal counsel and have them send you part of the income. You are never entitled to "all of" your spouses assets, upon divorce the court will do a "net" equal division. You need to understand that the tribe is a separate nation, and therefore the California courts take the position that his per-capital is HIS...

    1 lawyer agreed with this answer

  5. How do i sign temporary custody of my children to my mother if i am unable to take care of them right now?

    Answered over 5 years ago.

    1. Sandra Dee Munoz
    2. David Carl Beyersdorf
    3. Deloise Elizabeth Tritt
    4. Piotr Gabriel Reysner
    4 lawyer answers

    You would have your mother file for a temporary Guardianship and sign the requisite consent forms. You can go on-line and get the forms for the Guardianship on line at the Fresno County Superior Court' s website. You will also need the guardianship questionaire for your mom to fill out and submit with the REquest for Temporaty Guardianship. Fresno will generally want your mom to file a Petition for Permanent Guardianship since in Fresno the temporary guardianship only lasts a month or two.

    1 lawyer agreed with this answer

  6. Is there any type of income that is excluded from alimony?

    Answered over 5 years ago.

    1. Deloise Elizabeth Tritt
    2. Gary D Sparks
    2 lawyer answers

    Alimony, known as spousal support in California may be ordered to be paid from community property or separate property funds. (Family Code section 4338). Pensions are also reachable (Family Code section 2550). Support is payable from "annual gross income" which is defined by statute as: a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:...

    1 person marked this answer as helpful

  7. How do I cancel my divorce since my spouse and I are reconciling?

    Answered over 5 years ago.

    1. Richard Forrest Gould-Saltman
    2. Deloise Elizabeth Tritt
    3. Marshall William Waller
    4. Ryan Patrick McClure
    4 lawyer answers

    Simply download from the Fresno County Superior Court's web site the "Dismissal" form, and check the appropriate boxes - to dismiss WITHOUT PREJUDICE. Without prejudice means you can refile it later if things don't work out. With prejudice means that you can't refile the same action later- so that is not appropriate for divorce actions. You may want to give your spouse a copy of the dismissal so there is no unnecessary anxiety on that end also. There are also many good counselors in the...

    1 person marked this answer as helpful

  8. I have a daughter with my ex husband and I am pregnant with my fiance's baby. he lives out of state & we want me to move.

    Answered over 5 years ago.

    1. Ken Bradley Dallara
    2. Marshall William Waller
    3. Deloise Elizabeth Tritt
    3 lawyer answers

    In California we have many "move away" cases which define the law. If you are the primarly parent with a true 80% time-share, you file a "motion to move away," to modify custody. Most courts in California will only order a psychological study if you and the child's father have a 50-50 clustody plan, or something approaching a 50-50 timeshare. The Constitution guarantees you the right to move freely, and the court will is not allowed to look into the reason for the move so long as the reason...

  9. Child custody and family law

    Answered over 5 years ago.

    1. Sondra Ellyn Bennaeim
    2. Deloise Elizabeth Tritt
    2 lawyer answers

    This is a complicated issues with many possible resolutions. First, you can file a contempt. Second, you can seek to modify custody. But before you do either, what do the children want? If you force an older teen to move in with you when he/she does not want to - you risk the long term relationship and may win the battle but lose the war. Can you restructure your visitation time to agree you get all "no school" time, if the child wants to stay with Dad? This might be a good compromise if...

  10. Emancipation with parental permission?

    Answered over 5 years ago.

    1. Deloise Elizabeth Tritt
    1 lawyer answer

    Much of what you need to know depends on your age and other circumstances. The statute changed in California on this issue - you must now be self supporting to emancipate. You will need forms MC 300, 305, 306 AND 310 which can be downloaded from the local court's website under Miscellaneous. You must be at least 14. This is discretionary with the court. That means that a Judge has to determine that you are capable of handeling your own financial affairs. If you are covered by your parents'...