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Erik Wayland Newton

Erik Newton’s Answers

44 total

  • Can I sue my domestic partner for defaulting on our notarized seperation agreement while divorce is pending?

    My partner and me filed for divorce together, same day at court. We drafted an agreement dividing assets/property. we are both real estate agents. we agreed to split commission on all transactions orignated prior to legal separation date. I paid o...

    Erik’s Answer

    I agree with Daniel, and I would add that civil litigation is quite expensive. I mention this to point out both the benefit and the detriment of that fact. On one hand, you have a bargaining chip in the form of a bluff - you can threaten a suit which would be very expensive for your ex to defend regardless of the outcome. On the other hand, if she calls your bluff, you face an expensive suit yourself, one which may very well cost more than you hope to win if you prevail. I suggest you start by hiring a lawyer to draft a demand letter on letterhead - that's always a good way to start negotiations.

    A law professor of mine once said that anybody can sue for anything. The real question is whether or not they can win. I say the real question is whether the bluff is fruitful.

    Good luck!

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  • Default Divorce in California

    I have a hearing date set for 1/8/13. Trial Prove Up. Can I ask the court for a court date earlier then that. I need to move out of state, I cannot afford to live here anymore.

    Erik’s Answer

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

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  • What's the next step and what paperwork is needed?

    My wife and I divorced a year ago. We both signed the settlement paperwork but the day of court I had to fly out and was unable to file/finish the rest of the paperwork. My ex said that she would come back to the courthouse and finish doing the pa...

    Erik’s Answer

    I just posted a guide on the topic of paperwork. Take a look, it might help you understand the various stages of the process:

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  • How do I request to bifurcate a divorce in California?

    I need to know which forms to use. (Numbers please, like FL-123.) I also need to know what to put in these forms besides all my personal info. Is there anything like "special notes?" What forms do I attach to each other? I have a hearing at the en...

    Erik’s Answer

    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:

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  • My child's father stopped paying child support and won't return any calls or texts. I need of this money tin order to pay bills

    He won't get a job because the gov't is after him for not paying taxes for ten years. So if and when he freelances, he underhandedly gets some of the money to me, but in one week from now, I am going to have to take our daughter out of pre school...

    Erik’s Answer

    I agree that you should contact DCSS for help with this case. I'm attaching a link to San Francisco's DCSS page:

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  • My wife wants to leave California with our 7 year old son. She and her husband want to move to Miss. They have no jobs or home.

    I have a good job and home and my sons grandparent on both sides live close by and will help if I can keep him here. My wife's husband only has an uncle in Miss. I want my son to a least finish the school year in Ca. If she takes him across wha...

    Erik’s Answer

    I agree with my colleagues' answers above and would emphasize that you should attempt to resolve this matter outside of the court system. My office handles quite a few move-away cases, and you should know that litigation in these cases is extremely complex and often quite expensive.

    I am also attaching a link that may provide some insight:

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

    the divorce happened in las vegas, i live in washington, and the child lives with a parent in Florida. Where do i go for legal advise?

    Erik’s Answer

    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.

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  • I need help filing a motion for a continuance in CA family Court. I believe the form is MC-030

    I was working in law enforcement until March. My child's mother falsely accused me of 273.5 PC and had her step dad's best friend arrest me. The report is completely falsified. I can't testify on my behalf in family court until the criminal matter...

    Erik’s Answer

    I agree with Shawn and would add that continuing a family law hearing can be as simple as contacting the Court Clerk's office. Your court likely has a self-help center that can assist you with this process as well.

    That said, hiring a local attorney is a good move here.

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  • What are the chances that my ex can bring in false witnesses for a restraining order hearing and win it?

    My Ex has has 2 prior Domestic violence cases and has been arrested for drugs, false impersonation. Now he has a criminal misdemeanor case against him. Is it wise to file for a restraining order from family court even though I have a Criminal Prot...

    Erik’s Answer

    I agree with both David and Sarah, and would further urge you to use these measures only when you need them. If you have legitimate fears and need protection, then by all means, seek that protection.

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  • My grandughter is having physially assaulted we have a court / order but this dosen't stop him assauling her

    on 11/04/11 with the court order shild exchange by Kaiser Moore emergency center. the person or x De Anre S Jackson ... her Ipone got stolen by this guy De andre .. time of exchange ...the event happen when my granddughter Angelica Hemosillo (rosi...

    Erik’s Answer

    I agree with the previous posting. You need to contact the police immediately.

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