Erik Wayland Newton’s Answers

Erik Wayland Newton

San Francisco Divorce / Separation Lawyer.

Contributor Level 7
  1. Default Divorce in California

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Daniel Seth Williams
    3. Erik Wayland Newton
    3 lawyer answers

    It's also useful if the other party agrees to a date change before you call the Clerk.

    1 lawyer agreed with this answer

  2. How does an inmate file for divorce?

    Answered over 1 year ago.

    1. Erik Wayland Newton
    2. Thomas Allen Neil
    2 lawyer answers

    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:

    1 person marked this answer as helpful

  3. 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?

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Michael Charles Doland
    3. Richard Forrest Gould-Saltman
    4. Erik Wayland Newton
    4 lawyer answers

    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!

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

    Answered over 1 year ago.

    1. Nadine Marie Jett
    2. Erik Wayland Newton
    2 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Erik Wayland Newton
    2. Mark John Caruso
    2 lawyer answers

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

  6. Is betrothal of two parties legal in the United states?

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Christine C McCall
    3. Erik Wayland Newton
    3 lawyer answers

    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.

  7. How is Georgia residency determined for the purpose of divorce?

    Answered over 1 year ago.

    1. Edmund Lee Montgomery
    2. Erik Wayland Newton
    3. Carol Anne Jasinski
    3 lawyer answers

    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:

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

    Answered over 1 year ago.

    1. Erik Wayland Newton
    1 lawyer 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...

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

    Answered over 1 year ago.

    1. Tiffany Nicole Romine
    2. Erik Wayland Newton
    2 lawyer answers

    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.

  10. Forms needed for dissolution of marriage in California

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Erik Wayland Newton
    2 lawyer answers

    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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