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Erik Wayland Newton

Erik Newton’s Answers

44 total


  • My wife filed divorce for irreconcilable differences last Septembe 5 2012. i had no intention to divorce her for family reason

    and for the convenience of marriage. we have 2 children, 24 an 18 years old.. We live here in San Francisco, still together in our single dwelling owned property. We are both 53 years old and work full time , both RN's. I thought it would be civi...

    Erik’s Answer

    I have to weigh in and agree that you need to get fully informed and fast. The sooner you get started resolving this thing in accordance with standard practice, the cheaper it's going to be. If you wait and delay, you're just increasing your cost and frustration. Trust us all on this one: move fast.

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  • Fiduciary responsibilities and torts of spouse

    Wife and I are permanent residents of California. She decided to unilaterally move abroad. She was a homemaker, and all of our income was from my salary. She has wiped out our individual and joint accounts and transferred it to her account abroad....

    Erik’s Answer

    Based on what you have written, it does appear that California could take jurisdiction over your case. Therefore, to answer your question directly, yes you likely can proceed in California.

    The devil is - as always - in the details, and so I suggest you contact an attorney to develop a workable strategy.

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  • Divorce for wealthy split

    I was file for divorce by my ex-wife in june 2010. As the filing time (not divorce yet), she kicked me out of the house. I was insult , harrassed by her and her family (we all live in the same house). She threated that she would change the door lo...

    Erik’s Answer

    In order to answer your question directly, most attorneys are going to need more facts about the case. My best advice to you is that you contact an attorney for a brief consultation on the issue of reimbursements.

    Generally speaking on the issue of your family home: if you and your wife own the home together, you may be entitled to a reimbursement claim based on the fact that she has exclusive use of the property.

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  • Looking to Divorce wife who will be totally taken by surprise. What do I do to prepare?

    I want to do the right thing for my children and wife. She will be totally caught off guard by my request. What should I do to prepare for the day I tell her this?

    Erik’s Answer

    I agree with my colleagues that you should at least consult with an attorney before making any moves.

    That said, I would also suggest that you consider using a couple's counselor to facilitate the conversation. We have found that therapists can be very useful for easing the transition out of the marriage and keeping the acrimony low. Parties are almost always better off reaching an amicable agreement, and a therapist can help make that happen.

    Best of luck!

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