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Daniel Seth Williams
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Daniel Williams’s Answers

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  • Can I still file for an adjustment of status if I am getting a divorce?

    I was brought here at the age of two with a tourist visa and passport. I am now 26 years old and still reside here in the United States. I have been married to a U.S. citizen for three years, and we have a two year old daughter. I knew at some poi...

    Daniel’s Answer

    I agree with the previous answers. An immigration attorney must be consulted with without further delay.

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  • Is a spouse entitled to your funds in a settlement during a divorce?

    I'm a mother with two young children. I work full time and my spouse does not work. Is he entitled to any of the money I receive in my workers comp and employment discrimination lawsuit? Is it personal property and not community property? I'm fili...

    Daniel’s Answer

    Your personal injury award is likely to remain your own. However, your workers compensation is income in lieu of regular income and therefore can be taken into consideration when setting spousal support which he is likely entitled to since you have been the sole worker during the marriage.

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  • What constitutes as abandonment? On what grounds can someone file for abandonment divorce?

    No children are involved. And both parties have never lost contact with one another. However one party moved to iowa from California to look for work. And is fully and completely willing to help out and make things as easy as possible.

    Daniel’s Answer

    California is a no fault divorce state, so you would be not needing to file on abandonment.

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  • Judge has ruled on reserved issues in divorce. Can not get ex's attorney to file judgment as stated by judge.

    and ex's attorney will not respond on the property issues. House is going into foreclosure. Procedurally, what do I need to do to get in front of the judge to get a ruling for the sale of the house and the property issues> She owes me about 15-20k...

    Daniel’s Answer

    File an ex-parte motion citing California Family Code §§2108 & 1101(e) and as upheld by Lee v. Superior Court (1976) 63 Cal. App. 3d 705 and successor cases, which authorizes a Court to order the sale of a distressed property.

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  • Can a spouse remove themselves from car insurance policy?

    I am in the beginning phases of a divorce and my husband removed himself from the auto insurance policy because he doesn't want to pay. I live in CA and there is a TRSO in place. Is this a violation? The car was purchased during marriage which is ...

    Daniel’s Answer

    Yes that is a violation of the ATROs on page two of the summons and you can file a motion for reinstatement of the insurance.

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  • Can I sue my husband's mistress in New Jersey

    My husband and I have been married for only 2 years when I found out about his mistress a few months ago. I live in California and she lives in New Jersey. Can I sue her here in California or in New Jersey? They still continue to email back and fo...

    Daniel’s Answer

    Not in California you would not be able to sue her for the affair. I'm sorry he chooses to do this. I recommend marital counseling over litigation to attemp to save the marriage and wish you the best of luck.

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  • There is an error in our custody order. My ex is using it to her advantage. What can I do?

    There is an error in or custody order in regards to summer vacation. It states one week as 7 days, 7 nights. Well that just isn't possible. I'm pretty sure it was intended to say 6 nights 7 days. My ex is using this to gain an extra day for her va...

    Daniel’s Answer

    This is something that would really frustrate the Court if you two went back to Court on this. Its such minimal time. I advice is you tell you ex what your vacations plans are and offer her an extra two days to start her visitation to make up for the time discrepancy. Use sugar to catch the fly. Do this in emails and if that does not work then you will have to file an ex-parte notice.

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  • How can a marriage counselor/psychiatrist give statement in a divorce if both spouses were clients? gettin arnd confidentiality

    Both spouses went for marriage counseling abt 2 yrs back and now the marriage is going through divorce. Spouse has raised totally different issues not true during the counseling as a basis for annulment. My counselor knows the issues are not true...

    Daniel’s Answer

    You can NOT breach the confidentiality without your spouses consent.

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  • If during your default hearing the judge states he is passing judgement and dissolution is to be granted on 12 oct 14

    Does this mean that if one if the petitioner changes her mind the divorce can't be stopped now?

    Daniel’s Answer

    No. October 12, 2014 is the date the marriage will be legally disolved due to the fact that the marriage can not be legally over until six months have passed from the time the Respondent was served. If the Petitioner wants to not be divorced then he or she needs to file a motion to set aside the judgment. That should be done relatively soon, because the Courts have a busy calendar and it would need to be heard before the October date.

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  • Alimony paid to abuser

    My ex and I have been married 8 years. We have one minor child and he is on title only to our home. I have documented evidence of severe domestic violence over the last 9 months. Also he has gotten on meth (hence the divorce and the violence). He ...

    Daniel’s Answer

    You need to cut off communication with him to only emails. If he is threatening you and has been violent then get a restraining order. Use your documentation. If you have a restraining order and can prove he has been physically violent then there is a section of the family code that will create a presumption against his ability to get any support from you.

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