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Erik Wayland Newton

Erik Newton’s Answers

44 total

  • My husband filed divorce in Arizona and currently I live in CA with my two kids. His allegation is knowingly false.

    My question is what is better for me... to have the case dismiss in AZ (due to lack of jurisdition of my children) and I file divorce in CA or move forward with the divorce in AZ? Should I have a lawyer represent me in Arizona or CA? Someone told ...

    Erik’s Answer

    I suggest you schedule consultations with a California family law attorney and with an Arizona family law attorney so that you can compare. You may be able to get free consultations on the phone. If not, just pay for an hour of each attorney's time. You want to get started on the right foot, especially since your kids are involved.

    Here's a link to a blog article another attorney in my office wrote as a child custody primer. Hope this helps get you started:

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  • In CA can I stop dissolution (divorce) case if final trial date is already scheduled and many documents were filed?

    My soon to be ex-husband tricked me into not asking for spousal support and attorney's fees on my petition for divorce and now his attorney argues that court has no jurisdiction to award it. I am in pro per so far. So, i was thinking to withdraw m...

    Erik’s Answer

    Mike is right. I would only add that if you hire an attorney you may be able to continue the trial date to give your new attorney time to prepare. I strongly advise you to hire counsel for this one.

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

    we have no children and she claims that she is just not happy. how can i legally make her attend counseling with me to make sure that she is making the right decision?

    Erik’s Answer

    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:

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  • How long does it take to finalize a divorce if one already filed but did not get the spouse response?

    One spouse filed the papers a while ago.

    Erik’s Answer

    Howard is right, there's no way to know how long it will take to get your divorce back on track.

    If your spouse fails to respond, you may have to take his/her default. That's not something you're going to want to do alone. I suggest you hire an attorney for the process, or at least speak with the facilitator's office at the court.

    Here's a link to an article I wrote on the basics of the California divorce process. Hopefully this will help you understand where you are in the process:

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  • Husband is in prison, how do I file for divorce???

    I want to divorce my husband. He is in prison, we married while hes in prison and hes still in prison. How do I go about this? He is also stating he wants to collect alimony, can he? We have only been married for a year and a half. I also do not w...

    Erik’s Answer

    I agree with Cristin and Dianne.

    You should consider Summary Dissolution if you qualify. Here's a blog article I wrote on the topic to give you some more insight:

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  • Can anyone file the paperwork for the Plaintiff in a divorce proceeding?

    Assuming all the paperwork in a pro se filing is filled out correctly, can I file the divorce petition for a friend of mine or does she need to go to court and do this for herself? Will I be wasting my time going down there to do it for her?

    Erik’s Answer

    Dianne is right about that - anyone can file the paperwork.

    Just so you know, the Plaintiff in a divorce case in California is referred to as the Petitioner. The other party is referred to as the Respondent.

    Best of luck.

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  • How does an inmate file for divorce?

    My fiance and I want to get married. He is currently an inmate. I already have the marriage packet but i have to wait to file it out because he is already married. How does he file for a divorce while incarcerated? Is there anything I can do on my...

    Erik’s Answer

    Your fiance is entitled to a divorce just like anyone else. He simply needs to file the appropriate paperwork with the family law clerks at his local courthouse.

    Here's a link to a blog article I wrote on the basics of the divorce process. These should apply to your fiance as they would to anyone else. Hope this helps:

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  • I would like to amend a Summons for Dissolution because there is a glaring mistake on it. The Petition is correct.

    Tried to file an amended Summons only, but the court is asking for an amended Petition as well as amended Summons. The Petition has no errors and there is nothing to amend. What do I do? Thank you.

    Erik’s Answer

    This may sound obvious, but never underestimate the value of being polite to the court clerks. Those folks can really help you out if you've got questions. Also, the facilitators office in the court is there to help with issues like these. I suggest you ask the clerks to help first, and see where that gets you.

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  • Can me and my soon to be x husband walk in to court and ask for divorce?if yes is that the fastest way?

    i filed for divorce but he never signed the paper work.he recently saying that if we can walk in to any court and both sign the divorce i will do that .i need to know is that possible or not?if yes what will happen to the paper i already filed ?d...

    Erik’s Answer

    Richard is right, you can't simply walk into court. Here are two blog articles I wrote on divorce basics. The first, on Summary Dissolution might be a good option for you if you meet the requirements.

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  • When is my divorce final?

    my ex and i have filed for an uncontested divorce. We filed back on 12/5/2011. we have done the process ourselves without lawyers to save money and as a result we are now very confused. Here is the status: Pending No Future Hearings 01/23/...

    Erik’s Answer

    If the court rejects your Judgment Package, don't fret - it's pretty common. Just ask the Clerk what was missing, or pay a local attorney for a one-hour consult to get the paperwork finalized properly.

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