Erik Wayland Newton’s Answers

Erik Wayland Newton

San Francisco Divorce / Separation Lawyer.

Contributor Level 7
  1. My husband filed divorce in Arizona and currently I live in CA with my two kids. His allegation is knowingly false.

    Answered about 1 year ago.

    1. Richard Forrest Gould-Saltman
    2. Sanjay Augustine Paul
    3. Erik Wayland Newton
    3 lawyer answers

    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:

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

    Answered about 1 year ago.

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

    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.

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

    Answered about 1 year ago.

    1. Cristin Michelle Lowe
    2. Dianne Drew Butler
    3. Erik Wayland Newton
    3 lawyer answers

    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:

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

    Answered about 1 year ago.

    1. Dianne Drew Butler
    2. Erik Wayland Newton
    2 lawyer answers

    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.

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

    Answered about 1 year ago.

    1. Martha Bronson
    2. Richard Forrest Gould-Saltman
    3. Erik Wayland Newton
    3 lawyer answers

    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.

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

    Answered about 1 year ago.

    1. David Alexander Yomtov
    2. Erik Wayland Newton
    3. Christina Marie Sherman
    3 lawyer answers

    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:

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

    Answered about 1 year ago.

    1. Raed Joudeh Nijmeddin
    2. Edmund Lee Montgomery
    3. Erik Wayland Newton
    3 lawyer answers

    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:

  8. 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?

    Answered about 1 year ago.

    1. John Noah Kitta
    2. Erik Wayland Newton
    3. Sarah Victoria Cottingham
    3 lawyer answers

    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:

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

    Answered about 1 year ago.

    1. Joseph Patrick Waters
    2. Michelle J. Cameron-Hunsaker
    3. Erik Wayland Newton
    4. James Louis Miller
    4 lawyer answers

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

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

    Answered about 1 year ago.

    1. Martha Bronson
    2. Erik Wayland Newton
    2 lawyer answers

    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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