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Erik Wayland Newton

Erik Newton’s Answers

44 total


  • In the state of CA can there be a post nuptial agreement that will go into affect if and only if infidelity of any kind occurs?

    This is a moral reason so I want to make sure that the post nuptial is valid if infidelity is found.

    Erik’s Answer

    I agree with the answers above.

    Here is a link to a blog article we wrote on the topic of postnuptial agreements. Hope it helps!

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  • Efficient never sent back our marriage certificate to the county what to do now ? ? ?

    So I got married unfortunately last month 1 / 4 / 2013 to someone who I found out was cheating on me while we were engaged . We went down to the county clerk to fill out the paperwork and had the ceremony a couple days after and were married . ...

    Erik’s Answer

    I agree with Nadine that the safest bet is to follow through with a dissolution. I have included a link below to a blog article I wrote on Summary Dissolution which might be useful to you.

    On the other hand, if your officiant did not sign your marriage certificate, your marriage may not have been completed. I believe that the ceremony is insufficient to complete a marriage if the certificate remains unsigned. If this is very important to you, I advise you to hire an attorney to research this issue thoroughly. It could very well save you the cost of a divorce.

    We handle cases in Alameda, so I'm happy to help if you like.

    Here's the link:

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  • Do I need to make an amendment to my marriage certificate for life insurance purposes?

    My husbands true last name is spelled with a z, but on the marriage certificate it is spelled with an s. All of his other records are correct, but since my marriage certificate has the spelling with an s (incorrect), my name on all of my records ...

    Erik’s Answer

    I agree. What's more you can probably handle this without an attorney.

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  • Is betrothal of two parties legal in the United states?

    Can I allow my parents to choose my spouse and enter me into a betrothal/marriage contract?

    Erik’s Answer

    I agree with the answers above. I would clarify that your parents cannot enter into a contract as to your rights or obligations. That said, they can contract as to their own rights. Also, they can prepare a contract for you to sign yourself if you wish to be bound by the terms.

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  • What can I do to move the process of my divorce if my spouse is deported/homeless and has no residence to serve him papers at ?

    We separated 7 years ago and I filed for divorce almost 2 years ago. We have 24 and 13 year old daughters. I have contacted the office of foreign affairs in Mexico to try to have him served, but they cannot assist me unless I provide them with ...

    Erik’s Answer

    One option is to ask the court permission to serve your husband by publication. The judge has to give you permission to do this, and will require that you prove you attempted all other reasonable means of service first.

    Here's a link to the court's website that explains your various service options:

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  • How is Georgia residency determined for the purpose of divorce?

    My wife move to Atlanta and started working there on November 28th. Does her residency time get calculated from that date? Does that mean that I could file for divorce on May 1st, 2013? Can I file earlier?

    Erik’s Answer

    Mr. Montgomery is correct. That said, your concern is that she may file in GA before you are able to file in CA. If she does meet GA's residency requirements and files there, you would need to proceed in GA courts. This may not be beneficial to you, so you should take some time to consider the best state for your case.

    If you've got any questions, feel free to give us a call - we're in SF as well. Here's a link to our site:

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  • My husband of 2 years filed for a divorce . we have 2 condo's in both our names

    The condo's were paid for in cash , one prior to the marriage the other during in his name which he quit claim deeded in both our names . He now does not want me to have either one or halve of each Plus he has put a mortgage on them in his sons ...

    Erik’s Answer

    I'm not exactly sure what question you're asking. The general rule is that assets acquired during marriage are community property and get divided evenly if there is a divorce. Assets acquired before marriage are typically considered separate property unless they're commingled with community property.

    The upshot is that you are probably entitled to some portion of the value of at least the condo acquired during marriage. That said, there are some very tricky rules about real estate in California divorces, and you should definitely consult with an attorney in your area to answer your specific questions.

    Here's a blog article I wrote on the basics of the California Divorce process to help you get started. Good luck!

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  • If my husband and I have been separated since 2010, but not legally, is there an easier way to file for divorce?

    He lives in another country and last I heard he was married to another woman. I'm trying to get married soon to my present fiancé but I don't know how to start or what to do. What are my options??

    Erik’s Answer

    I agree that you are likely to face some tricky service of process issues if he's living in another country now. That said, he may be just as motivated as you to finalize a divorce. You should contact him if possible to find out if he will cooperate. If he will cooperate, then you should consider Summary Dissolution if you qualify. Here are couple of blog articles I wrote recently that might help you get started. Good luck!

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  • My husband and I got married in South Korea and came to California a few years ago.

    My husband and I got married in South Korea and came to California a few years ago. Couple of days ago, I found out that despite his promise not to cheat on me anymore, he had had an affair with another woman and married her; because we were marri...

    Erik’s Answer

    I agree with Tiffany that this a complex case and you're going to need a lawyer. Here's a link to an article we wrote on moving children out of state. It should give you some insight into the complexities of moving with your child.

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  • Forms needed for dissolution of marriage in California

    it is a simple, no kids, no debts, no money, no land or property, no contest, less than 5 years, no spousal support "divorce" - all i need are forms FL-800; FL-825; FL-150 and property agreement - and both to read booklet FL-810; fees and file at ...

    Erik’s Answer

    I agree. And here's a link to an article I wrote on Summary Dissolution. It lists out the requirements, and has a link to the court website where you can download the forms:

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