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Richard Eric Anthony Dwyer's Answers
Contributor Level 13
- 300 Legal Answers
- 4 Legal Guides
2
Attorney answers:
My huaband filed for divorce in Fl. I am in Ca. We both have lawyers. Do I have to be at the PTand final hearing?
Contact courtcall.com - a premier company for telephonic court appearances - and find out whether Florida permits telephonic appearances for such hearings. If so, they can help you do so.
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2
Attorney answers:
AM I Legally Divorced
In addition to calling the Court Clerk with your case number, you should also check online at http://sccsuperiorcourt.org The website has links that should enable you to pull up the Court Docket for your case to see if it is still pending or is "Post" judgement. If the case is still pending and an order for status only dissolution has not been entered, then your spouse is now a bigamist.
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2
Attorney answers:
Is Joinder valid and enforceable?
Check the Court docket. When they have formally filed their appearance with the Court, they will formally have appeared in the action and will be subject to the Court's jurisdiction. -- http://richarddwyer.com
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2
Attorney answers:
In Pro Per...Should I notify Defendant's Insurance company
I believe in operating from strength. Notify them after you have a judgment that is ready for collection. To do so before your judgment is finalized might cause them to try to get the default set aside, and to challenge you on liability. Be aggressive. Think about your interests first. - http://richarddwyer.com
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3
Attorney answers:
Plaintiffs verbally informed the clerk that they were dismissing their case, but have not filed written dismissal?
Call the Court Clerk. Find out if the motions are still "on calendar." If they are, then you should prepare your opposition. The first section of the opposition should reference the communications that led you to believe that the case would be dismissed. You should further attach a declaration to your papers - submitted under penalty of perjury - that provides the facts and references the content of your communications with the other side regarding their promise to file a dismissal. In...
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5
Attorney answers:
If Plaintiffs file a civil lawsuit against me, but are unable to serve me because I'm on summer break in another state,
If they have your correct name and address, it isn't worth it cost-wise to contest service. As others have pointed out, the other side can substitute serve. A motion to quash service that challenges the efficacy of service would be costly and would have a low chance of success. If you need to buy time, instruct your attorney to file a demurrer - a motion that challenges whether the complaint states a cause of action upon which relief may be granted. The attorney can set the hearing date...
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2
Attorney answers:
Could it be argued that our home (bought by my in-law) is a "commingled" marital property? It's in an individual family trust.
Regardless of who is on the property's title, if you or your husband made mortgage payments then you would be entitled to reimbursement and would further be entitled to a share of the property's appreciation. You should definitely contact local counsel. -- http://richarddwyer.com
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2
Attorney answers:
Am i obligated to pay landlord interest to a lease security deposit for an unfortunate insufficient funds to my check?
I agree with my colleague. Your lease agreement is the only agreement that you have with the landlord. If the late interest charge is not in the lease, then it is not part of your agreement. - http://richarddwyer.com, mountain view
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3
Attorney answers:
Hello im going through a divorce and we have a car in both of our names and his name was added to the deed of a home a purchased
Let's take these one at a time. The house: your spouse will likely argue that the equity in the house was a gift from you to him or her. Absent proof of such an intent, this argument will likely fail. You are entitled to reimbursement. Your spouse's strongest argument is that they are entitled to a share of the home's appreciation through what is called a Moore / Marsden calculation. The car: here again, the driver of the car will have to reimburse the nondriver for loan payments,...
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3
Attorney answers:
After the petitioner files and serves the respondent and 30 days has pass with no response what happens or needs to happen
In California, you can now seek a default judgement. Make sure the proof of service is on file with the Court and that your petition was properly served. Use the forms and follow the instructions on this self-help website: http://www.courtinfo.ca.gov/selfhelp/family/divorce/divforms.htm http://richarddwyer.com
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