Daniel Seth Williams’s Answers

Daniel Seth Williams

Pacific Grove Divorce / Separation Lawyer.

Contributor Level 18
  1. My wife has begin to compromise her integrity and morals in attempt to gain an edge during our pending divorce. What can I do?

    Answered 8 months ago.

    1. Daniel Seth Williams
    2. Lee Alan Thompson
    3. David Alexander Browde
    3 lawyer answers

    It sounds like a mess and I am sorry to here that this is happening to you. Would need to know a couple of questions first. Are you being charged criminally with anything following the arrest? Did your wife obtain an emergency criminal protective order? And has your wife filed for a restraining order in the family law case? Please provide answers to those questions, and I can better provide you some counsel.

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  2. Dismissal of a divorce

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Donald Frederick Conviser
    3. David Alexander Yomtov
    3 lawyer answers

    With prejudice means that you can NOT reopen the case, you would have to start a new one. Without prejudice would allow you to reopen the case by filing a motion. However, with or without prejudice are usually not used in terms of dismissing a divorce case per se, so I think you should speak to an attorney if you are hearing those legal terms thrown around, because they may apply to something other than just the case.

    11 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. How do you know if you have a restraining order

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Michael Charles Doland
    3. David J. McCormick
    3 lawyer answers

    No, all restraining orders must be personally served.

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  4. If one doesn't follow recorded Stip Agree causing other $ loss & didn't disclose assets during marriage whats the outcome?

    Answered 9 months ago.

    1. Daniel Seth Williams
    2. John Henry Perrott
    3. John P Corrigan
    3 lawyer answers

    Very broad question. If the asset was not disclosed by mistake, the Court still has jurisdiction over the issue and you can file a motion for the Court to modify the stipulation/judgment pursuant to the undisclosed asset being later discovered. If it was purposefully hidden by fraud, the the party who hid the asset can be at risk for loosing the entire asset and their being further sanctions for the fraud. As to not following orders, I would need to know what it is that is not being followed...

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  5. Can my father serve court papers to my ex wife for me ?

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Michael Charles Schwerin
    3. Donald Frederick Conviser
    3 lawyer answers

    Anybody over the age of 18 who is not a party to the proceedings can serve the papers. I tend to agree with counsel that when you have a family member do it, the other party can lie and say they didnt get it, despite the proof of service. To avoid any possible headaches, I would have a non-interested person, over eighteen do it.

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  6. I want to respond to a Fl-320 (Responsive Declaration to Request for Order). Do I need to file a Form?

    Answered about 1 month ago.

    1. Tobie Brina Waxman
    2. Daniel Seth Williams
    3. George Baker Richardson
    4. Gregory Paul Benton
    5. Richard Eric Anthony Dwyer
    5 lawyer answers

    You dont need a FL form. You simply file a reply declaration to his responsive declaration. This must be file and served no less than five court days before the hearing. However, as a rule of thumb, I would have it filed and served no less then 8 Court days before the hearing, to ensure the judge sees it. Sometimes documents miss making the file for the judge to read if they are filed too close to the hearing, even though they are done so on time. Title you declaration REPLY TO FL-320...

    9 lawyers agreed with this answer

  7. If I leave my husband am I still entitled to half of everything we accumulated over the marriage?

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Daniel Seth Williams
    3. Rebekah Ryan Main
    4. Michael John Apicella
    5. Manuel Alzamora Juarez
    5 lawyer answers

    He has no choice to not give you a divorce. If you file for divorce as Petitioner, whether he participates or not, you will be granted a divorce. You should speak to a family law attorney in your area. I hope though that your husband gets into a good impatient program and is able to defeat the disease of addiction. Not to put additional burden on you, but I suggest clients of mine in your situation to go to Alanon meetings to better prepare for the process of dealing with an alcoholic.

    8 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. My ex hsband is taking me back to court to try and change our custody order after five years. Can this info be brought up?

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Howard M Lewis
    3. Donald Frederick Conviser
    4. James Louis Miller
    4 lawyer answers

    First, the burden is on him to show a substantial change of circumstances and that he proposed change is in the best interest of the children. All the stuff you bring up is reason to request the Court appoint minors counsel for the children, if not have a 730 psychological evaluation performed on him. You should also see about getting a protective order, as these behaviors are unacceptable. Get an experienced family law attorney forthwith. If you can not afford it, Im sure if your kids...

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  9. Rephrased Divorce Question -- Recusal of Judge

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Tobie Brina Waxman
    3. Howard M Lewis
    4. Michael Raymond Daymude
    4 lawyer answers

    This is probably how you should have phrased the question in the first place. That's why you got the mixed responses from the non-family law attorneys. However, please note their advice is excellent because the Courts are broke and transferring a case to a new Judge does costs resources in the terms of time. However, if you have only had one FRC, and you have a special master as evidenced in your response to another attorney, that makes me assume (especially from the tenner of your first...

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  10. How long does it take from filing divorce petition to getting back something from the court to serve the spouse?

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Donald Frederick Conviser
    3. Tobie Brina Waxman
    4. Manuel Alzamora Juarez
    4 lawyer answers

    You should get your conformed copies when you file.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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