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James Louis Miller

James Miller’s Answers

1,490 total


  • What form do I need? quickclaim deed?

    Hello, my name is Mallinalli Gil Lamadrid. I am trying to begin my divorce and need some advise. Me and my ex husband are amicable terms and agree that I would keep the house. I would like to know what the best and easiest way is to have him legal...

    James’s Answer

    There are facts missing which prohibit an informed response. Is the house paid off? In the MSA you need to state the agreement you and your ex have reached. You can do an inter spousal transfer deed or a quit-claim deed giving you the house as your sole and separate property.

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  • In CA if I amend my already filed "legal separation" to "Divorce" does the 30 day response window for the Respondent star over?

    I filed for Legal Separation on December 24th and she was served January 7th. I am about to send in an amended package changing from legal separation to divorce. I haven't received anything from the courts saying she responded.

    James’s Answer

    The 30 day window would restart since you are amending the Petition. She has a right to be noticed you are changing this to a divorce. As far as notice from the Court. She has to serve you her response and file it with the Court.

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  • IS THIS leagle???? how do I get this dropped

    i was dating this girl. I got pregnant by a man while me and the girl was no longer together.the F.O.B past away. now the girl went to court for visitation rights. we were not married. it has cost me to go in state of depression.the F.O.B 'S fam...

    James’s Answer

    From the facts you give I don't see how she would get visitation. You need to contact an attorney in your area so he/she may review everything. If you can't afford an attorney there is a self help center on the first floor of the courthouse on "O" Street. They open at 8:00 a.m. (closed on Wednesdays)

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  • Am I entitled to any alimony even if we have no kids and if we share the custody of our pet?

    My husband and I haven't been doing well for almost a year. I think it's time for us to separate. The house is under his name and we recently got into a big argument and he kicked me out of the house. I have been unemployed for 5 months. We have n...

    James’s Answer

    Neither children or pets are a determining factor when it comes to spousal support. Temporary support can be ordered based on the disso master where the income of both parties is entered. When it comes to permanent support Family Code 2320 ( I have attached the link below) is used and the Court considers the factors in 2320.

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  • What papers do i file to sue my absent father for child support now that im 42 and i just found him.

    ive found my father after 42 years and i want child support and back child support.i want my mother to be reinversed for all that child support she paid, when he wasnt able to be found.

    James’s Answer

    Was there a child support order in place? If so then it would be your mother who would go after the arrears.

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  • Need to take children into full custody temporarily until mother finds suitable residence.

    My Ex-wife has had difficulty keeping a residence. In 2010 I helped her move from a condo to another in the complex and she was refused the place because her deposit check bounced. In October of 2013, she had to stay with another non-related famil...

    James’s Answer

    You need to file an ex-parte (emergency request for order) Go to self help or retain an attorney to help you with this. Ex-parte are procedure driven.

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  • Can an opposing lawyer contact my AA Sponsor to check up on me? For a compliance hearing. HE DID!

    My ex Husband's lawyer called and spoke with my sponsor trying to fish for something. We have a compliance hearing tomorrow for custody. Isn't there some moral turpitude boundary he is crossing?

    James’s Answer

    The attorney is doing his job, which is act int he best interest of his client. Attorneys often contact outside sources.

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  • How do I go back to court to enforce the 50% college tuition payment the father should have been contributing up to now?

    I was married to my ex-husband for 20 years and the divorce was final on January, 11, 2011. I filed and he never responded however, he did get all papers and was notified of everything. In the divorce decree it specifically stated that he was t...

    James’s Answer

    There are a couple of avenues you can take. Either one you do make sure you have provided him proof of the amount owed. 1. Contempt - quasi-criminal but sometimes it gets their attention; 2. RFO to enforce Judgment

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  • Will I be able to get fully custody without child support?

    I have a 4 year old her dad doesn't support her. He had her under his insurance for like 5 months and then he quit and lost his insurance. So I added her to my insurance and now I support her completely.

    James’s Answer

    I'm assuming you are saying since he does not pay child support can you get (and I don't know what you mean by full custody) full custody. Custody is not based on the other parent paying or not paying. Child support and child custody are two separate entitles. Yes the amount of time one parent has visitation with the child is used to calculate child support however the amount of support paid is not used to calculate custody or visitation.

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  • Can I appeal a Restraining Order decision that was granted against me in Alameda County?

    I have been harassed for over one year by a neighbor who claims to be disabled. Don't know what the disability is but she surely has mental problems. She has called the police over 275 + times claiming I and kids make noise. There have never be...

    James’s Answer

    You do not state when the RO was issued. There are time limits for Motions for Reconsideration and Appeals. I would suggest you contact an attorney in your area so you can protect your rights.

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