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Erik Wayland Newton

Erik Newton’s Answers

44 total

  • I am the petitioner in my case and today I filed FL-140, FL-141, FL-150, FL-160 and the FL-144 form.

    I was told I have additional paperwork to file. Does my ex-wife (soon to be hopefully) need to file the same paperwork? If not, does the FL-144 take care of the rest of the divorce and now I am just waiting for the final judgement? She was ser...

    Erik’s Answer

    I agree with David. You should pay for a consultation with an attorney in your area - just to get the forms straight. Here's a blog article I wrote on the paperwork process, but it's probably not as detailed as you're going to need:

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  • What are the FL Forms that I need to file with the Court to safely respond to a divorce suit as the Respondent?

    I have filed the FL 120, FL 150 with the Court and a copy served to my spouse using the FL 335 (Proof of Service by Mail) to both my spouse and the Court.....these were the only forms on the list for the Respondent without children involved..........

    Erik’s Answer

    Here's a link to an article I wrote on the topic of the California Divorce Process. It's a simple overview of the paperwork to give you a starting point. Hope it's helpful:

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  • My wife filed for divorce, would like to get it finalized, how much would it cost me? and how long and what steps are needed?

    We were married in 1995 and lived together for a year. We have not been together since 1996 and she filed 1997 and was not asking for anything at all from me. I do not need anything from her. The case is still pending. We do not have any chil...

    Erik’s Answer

    I agree with John. This may end up being quite simple for you. Because you were together for such a short time, you may qualify for a Summary Dissolution. Below are links to several articles that may be useful for you. Good luck and I hope these help:

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  • Can I file for a divorce in California by mail?

    Do I have to go to court to file for divorce or can this be done via US Mail?

    Erik’s Answer

    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:

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  • My exboyfriend came and took my daughter away stating i was served papers which i NEVER received. What do i do?

    He said I was served papers and I never received anything...no notices nothing...I cannot afford an attorney so how do i appeal this decision? HE is a drug addict and I know that my daughter will be with his psycho mother most of the time.

    Erik’s Answer

    I would also suggest you contact legal aid to get some pro bono help if you cannot afford an attorney. Here's a link:

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  • Getting legal custody of my daughter. I am the custodial parent by default.

    I have a 3 year old daughter. Her father hasn't seen her in over a year (his choice). We went to court for child support since the state pays for her insurance. He pays monthly to the state. I am curious what would happen if i took him to court to...

    Erik’s Answer

    I agree with Martha's response. It sounds like you are fairly well educated on the topic, but we have a brief explanation of the differences between legal and physical custody in California on our website. Here's a link for your convenience:

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  • Welfare/WIC Fraud & Child Custody. Help please.

    My ex is on state aid and has been since she was 18 (now 24). Been in and out of court for the last year and I ended up with primary custody as she's unstable (moves every 2 weeks, drinks, parties, brings home male strangers to be "BF" every 3 wee...

    Erik’s Answer

    Here's a link for legal aid. They can probably help!

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

    Custody of my child was taken by a judge who didn't even review my documents proving that I have been the sole provider and only participating parent because I used the term "my son". His father had not been an active part of his life. There was n...

    Erik’s Answer

    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:

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  • Can I move out the city with my two children if I have sole physical custody but share legal custody with the father?

    I know he won't be happy If I ask him for permission to move with our children.. So I want to know if I would have to fight it?

    Erik’s Answer

    I agree with Dianne's response above. We office recently wrote a blog article on this topic, that may provide some additional insight for you. I link it here for your convenience:

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  • 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

    if I wanted supervised visitations and I said no because I was afraid of his family being angry with me and my son has a close relationship with them. His visitation is reasonable and has not seen him in 6 months. He just recently called me becaus...

    Erik’s Answer

    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:

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