Erik Wayland Newton’s Answers

Erik Wayland Newton

San Francisco Divorce / Separation Lawyer.

Contributor Level 7
  1. Looking to Divorce wife who will be totally taken by surprise. What do I do to prepare?

    Answered about 2 years ago.

    1. Anjali Gupta Stevenson
    2. Philip W. Mason
    3. Todd Allen Davidson
    4. Elliot S Coren
    5. Erik Wayland Newton
    6. ···
    8 lawyer answers

    I agree with my colleagues that you should at least consult with an attorney before making any moves. That said, I would also suggest that you consider using a couple's counselor to facilitate the conversation. We have found that therapists can be very useful for easing the transition out of the marriage and keeping the acrimony low. Parties are almost always better off reaching an amicable agreement, and a therapist can help make that happen. Best of luck!

    8 lawyers agreed with this answer

  2. Can I sue my domestic partner for defaulting on our notarized seperation agreement while divorce is pending?

    Answered about 2 years ago.

    1. Erik Wayland Newton
    2. Richard Forrest Gould-Saltman
    3. Daniel Seth Williams
    4. Manuel Alzamora Juarez
    4 lawyer answers

    I agree with Daniel, and I would add that civil litigation is quite expensive. I mention this to point out both the benefit and the detriment of that fact. On one hand, you have a bargaining chip in the form of a bluff - you can threaten a suit which would be very expensive for your ex to defend regardless of the outcome. On the other hand, if she calls your bluff, you face an expensive suit yourself, one which may very well cost more than you hope to win if you prevail. I suggest you...

    4 lawyers agreed with this answer

  3. What are the chances that my ex can bring in false witnesses for a restraining order hearing and win it?

    Answered about 2 years ago.

    1. David Alexander Yomtov
    2. Erik Wayland Newton
    3. Sarah Victoria Cottingham
    3 lawyer answers

    I agree with both David and Sarah, and would further urge you to use these measures only when you need them. If you have legitimate fears and need protection, then by all means, seek that protection.

    4 lawyers agreed with this answer

  4. My wife and i have Been married for three months. She wants to divorce but refuses the idea of counseling

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Michael Douglas Shafer
    3. Erik Wayland Newton
    3 lawyer answers

    The Mikes are right on this one. You can't force her into therapy. Since you've been married for such a short time, you may qualify for summary dissolution. If you do end up divorcing, at least make the process easy on yourself. Here's a link to an article I wrote on summary dissolution for your benefit:

    3 lawyers agreed with this answer

  5. I need help filing a motion for a continuance in CA family Court. I believe the form is MC-030

    Answered about 2 years ago.

    1. Erik Wayland Newton
    2. Shawn Robert Bunyard
    2 lawyer answers

    I agree with Shawn and would add that continuing a family law hearing can be as simple as contacting the Court Clerk's office. Your court likely has a self-help center that can assist you with this process as well. That said, hiring a local attorney is a good move here.

    3 lawyers agreed with this answer

  6. My grandughter is having physially assaulted we have a court / order but this dosen't stop him assauling her

    Answered about 2 years ago.

    1. Evelyn Ann Cox
    2. Erik Wayland Newton
    2 lawyer answers

    I agree with the previous posting. You need to contact the police immediately.

    3 lawyers agreed with this answer

  7. My wife filed divorce for irreconcilable differences last Septembe 5 2012. i had no intention to divorce her for family reason

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. Erik Wayland Newton
    3. Margaret Davalene Wilson
    4. Carol Anne Jasinski
    5. Joseph Lawrence Keiser
    6. ···
    6 lawyer answers

    I have to weigh in and agree that you need to get fully informed and fast. The sooner you get started resolving this thing in accordance with standard practice, the cheaper it's going to be. If you wait and delay, you're just increasing your cost and frustration. Trust us all on this one: move fast.

    3 lawyers agreed with this answer

  8. Fiduciary responsibilities and torts of spouse

    Answered about 2 years ago.

    1. Erik Wayland Newton
    2. Scott Charles Maccabe
    3. Edna Carroll Straus
    4. Margaret Davalene Wilson
    4 lawyer answers

    Based on what you have written, it does appear that California could take jurisdiction over your case. Therefore, to answer your question directly, yes you likely can proceed in California. The devil is - as always - in the details, and so I suggest you contact an attorney to develop a workable strategy.

    3 lawyers agreed with this answer

  9. Divorce for wealthy split

    Answered about 2 years ago.

    1. Erik Wayland Newton
    2. Carol Anne Jasinski
    3. Donald Frederick Conviser
    3 lawyer answers

    In order to answer your question directly, most attorneys are going to need more facts about the case. My best advice to you is that you contact an attorney for a brief consultation on the issue of reimbursements. Generally speaking on the issue of your family home: if you and your wife own the home together, you may be entitled to a reimbursement claim based on the fact that she has exclusive use of the property.

    3 lawyers agreed with this answer

  10. What's the next step and what paperwork is needed?

    Answered about 2 years ago.

    1. Donald Frederick Conviser
    2. Erik Wayland Newton
    3. Daniel Seth Williams
    3 lawyer answers

    I just posted a guide on the topic of paperwork. Take a look, it might help you understand the various stages of the process:

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

Email Erik

415-274-2530