Erik Wayland Newton’s Answers

Erik Wayland Newton

San Francisco Divorce / Separation Lawyer.

Contributor Level 7
  1. If my husband and I have been separated since 2010, but not legally, is there an easier way to file for divorce?

    Answered over 2 years ago.

    1. Erik Wayland Newton
    2. Thomas Allen Neil
    3. Matthew Thomas Majeski
    3 lawyer answers

    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!

    2 lawyers agreed with this answer

  2. How do I request to bifurcate a divorce in California?

    Answered over 2 years ago.

    1. Margaret Davalene Wilson
    2. Tobie Brina Waxman
    3. Erik Wayland Newton
    3 lawyer answers

    I agree with Tobie, and also suggest that if you can't afford an attorney, that you contact the Los Angeles County Bar Association for help finding a pro bono attorney:

    2 lawyers agreed with this answer

  3. I have sole legal and physical custody of my son. When I went to court, his father never showed up and the judge asked me

    Answered over 2 years ago.

    1. David Aaron Wiesen
    2. Erik Wayland Newton
    3. Stephen Ross Cohen
    3 lawyer answers

    I agree with my colleague's response above. To answer your question about moving out of state, I would add that this may be a good time for you to set that process in motion. The fact that Father is spending very little time with your son means that you have a rare advantage and can likely move without the father being able to block you. We recently wrote a blog article on this topic. I link it here for your convenience:

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Do i need a lawyer in a child custody case in the state the child resides or the one i am in?

    Answered over 2 years ago.

    1. Michael A. Aronoff
    2. Erik Wayland Newton
    2 lawyer answers

    I agree with Michael. The inverse of his answer, of course, is that if the child has not been in Florida for six consecutive months, the state the child lived in prior to that would be the state with jurisdiction.

    3 lawyers agreed with this answer

  5. 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 ?

    Answered about 2 years ago.

    1. Erik Wayland Newton
    2. Talitha Davies Wegner
    2 lawyer answers

    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:

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Erik Wayland Newton
    2 lawyer answers

    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:

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Robin Mashal
    2. Erik Wayland Newton
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. When is my divorce final?

    Answered over 2 years ago.

    1. Daniel Seth Williams
    2. Erik Wayland Newton
    3. Laurel Tuvim Amaya
    4. Jami K Fosgate
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  9. Can I file for a divorce in California by mail?

    Answered over 2 years ago.

    1. Deborah Fiumera Bayus
    2. Erik Wayland Newton
    3. Christina Marie Sherman
    3 lawyer answers

    I would also suggest that you include stamped self-addressed envelopes with your submission. You want to make the process as easy as possible for the clerks. Here's a link to a blog article I wrote on the basic paperwork in the divorce process. I hope it's useful:

    1 lawyer agreed with this answer

  10. I need advice...a free consultation...PLEASE!!!

    Answered over 2 years ago.

    1. Erik Wayland Newton
    2. Stephen Ross Cohen
    2 lawyer answers

    I'm sorry to hear your situation is so difficult. I do not practice in Sacramento, so cannot help myself. I suggest you contact Legal Aid and VLSP for some pro bono help. Both of these organizations work with clients who cannot afford private attorneys Here's are two links for you:

    1 lawyer agreed with this answer