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James Louis Miller

James Miller’s Answers

1,335 total


  • Domestic violence caused divorce

    My husband and I have been together 3 years. About One month later he became abusive. Not just him but his parents have been emotionally and verbally abusive towards me and against him if he sided with me. Still after two years, the house car and ...

    James’s Answer

    Stand up for yourself and do not let the parents threaten you or get you to change your mind, that's how these cowards that abuse women continue to get away with it. You have the right to not be threatened or harassed. If the parents are giving you a hard time file a restraining order against them also. I would definitely seek a restraining order against your husband to protect you and the children, if you have any.

    Contact an attorney in your area. Many, such as myself, offer free consultations.

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  • Does the six month waiting period start over when an amended Petition is filed?

    I heard it was only 30 additional days, so that the Respondent has time to file a Response if necessary. Petition for Legal Separation filed 2 years ago and now both want a divorce.

    James’s Answer

    • Selected as best answer

    The six month waiting period does not start over only the 30 days that is given to the other party to respond starts over. As one of my colleague's stated just because the six months has elapsed does not mean you are divorced. You will have to provide a Judgment along with a Notice of Entry of Judgment. Once that is signed by the Judge your divorce will be final.

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  • How would this work

    i have a baby with my girlfriend were still together if we were ever to split up can she fight for half . would it belong to her two even if is under my name and I'm putting all the money

    James’s Answer

    Since you are not married the community property rules do not apply. If the house is in your name and you are making all the payments for mortgage and repairs there should not be an issue. If your girlfriend is helping to pay for the house she may be entitled to some sort of reimbursement under contract law.

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  • Could you give a couple of attorneys in San Jose or surrounding area who specialize in STRS pension disputes

    Need representation in settling dispute over amount of pension. Claiming overpayment over number of years

    James’s Answer

    I would look for a QDRO attorney, many of them that's all they do.

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  • What is the best book/author on "Stipulated Judgement" for divorce in California? Thank you for your help

    To make it easier to understand what best way to understand this legal process

    James’s Answer

    I would say go to the law library and read The Rutter Group on Family Law. As one colleague stated it is a bit more complicated than something like Nolo but it gives you the information you need.

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  • I am getting a divorce in Alameda county. Does the judge actually read these declarations and supplemental declarations?

    I was just wondering if the judge reads these documents. It seems like a bunch of he said and she said. The judge spends like 10 minutes with you. I feel like all this paperwork cost a lot of money and trees. I was just wondering. Thanks for you...

    James’s Answer

    The Judges I have interaction with actually do read the file prior to a hearing. I can recall one recent case where there were about 5 full Court files on the case. When the opposing and I went into chambers prior to starting the trial the Judge has post its and notes in all 5 files and was asking questions about particular things.

    As one colleague stated it important to put facts (who, what, when, where) when you file pleadings, a little law does not hurt either. When a person just uses the pleadings to bash the other person it does not make a good impression and does not give the Judge the information he/she needs to make a determination.

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  • How would i get legal documentation stating that i would get custody of a child in case anything happened to his mother?

    mother has legal physical custody, father has supervised visitation, would I need permission from father as well?

    James’s Answer

    First you do not say who you are. Are you a relative, a friend? Second you do not say why the father has supervised visitation.

    As long as the father is still in the picture he has a say on what happens to his child. He must be given notice of any potential change of custody. Children are not property to be passed around they are humans and are the result of the bonding of a mother and father therefore the parents will always have to be noticed before custody can be handed off to someone else.

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  • My ex is telling me I can't see my baby once it's born and won't even tell me when it's born what can I do?

    He and I fought constantly. And I would get very angry and one two occasions put my hands on her, nothing was reported and I have seemed help for it. Now she is tryin to say she will never let me see my baby cause no court would let and abusive pe...

    James’s Answer

    File a Petition to Establish Parental Relationship and in that Petition request visitation with your child.. Attach to your petition anything you have done to better yourself.

    As a side bar I would not admit to placing your hands on someone in a public forum. Just a word of advice.

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  • How do I protect my personal retirement funds from my husband during my upcoming divorce .

    I am a teacher and have a retirement plan thru my employment and a 401. How do I keep my husband from taking any of this?

    James’s Answer

    I would contact an attorney to help you protect your interest in your retirement and 401. It is possible after all the community property is listed that you can give your ex his share of the retirement and 401 though other community property. Anything earned including interest in retirement accounts is community property and your ex is entitled to his share. It is also possible he will accept a one-time payment and release his interest in the retirement.

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  • Ex is not honoring property transfer agreement of the Divorce judgement.

    My Divorce is completed . Under the terms of the judgement my ex has to transfer the property say "xyz" to my name or my parent's name at my election within 2 weeks of entering judgement . But my ex is saying the she will only do under my name...

    James’s Answer

    The Judgment is basically giving the other party the option to give to one or the other. You can file an RFO for compliance but that will only drag it out longer. Is there any reason she can't transfer it to you and then you transfer it to your parents?

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