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Sarah Jeannette Arnott

Sarah Arnott’s Answers

92 total


  • Once you file an RFO what is the standard length before you get to see a mediator.

    And after you see the mediator what is the standard time before you first go before a judge? Is there a way to move things faster, I would like to try make some changes in custody before the start of school in August. My third question is....since...

    Sarah’s Answer

    The only true way to speed things up is to file an ex parte (emergency) request. There does not appear to any emergency in your case. That being said, if the father attempts to continue the matter at the hearing, it would be advisable to seek some temporary orders giving your more time. It may not be overnights (given that it appears you just have four hours after school), but you could probably get additional daytime with your children pending a continuance. You should consider getting counsel given father's tactics.

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  • How and where do I go to get a divorce . Been married for under 2 years

    Got married to my Taiwanese girlfriend about 1 year and 8 months ago . Been together for about 4 years now and she is in Taiwan right now due to her grandma being terminally sick so she had to go home to take car of her without staying here a year...

    Sarah’s Answer

    If you meet the residency requirements to file for divorce in CA (6 months in state, 3 months in the county in which you are filing), you can file, regardless of your wife's residence/location. You will, however, have to serve her. You should contact the Family Law Facilitator/Self Help Center in your local courthouse or an attorney for assistance and to explore the service of process options available.

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  • Spousal abuse court and under the subpeona?

    I have court because my ex-boyfriend hit me and my neighbors called the cops on him, Is it mandatory is under the subpeona?in court can i get in trouble if i don't say everything that I had told the cops?but in reality he didnt hit me even if ...

    Sarah’s Answer

    I would also suggest perhaps speaking with the Victims Advocate at the DA's office, if they have one. If your boyfriend DID hit you, you should not be protecting him. Generally abusive individuals are like tigers - they don't change their stripes. He will likely hit you again, especially if you recanted your story after reaching out for help. Best of luck.

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  • Can the state take money received from an IRA inheritance to pay on owed debts such as child support or restitution fees?

    I currently owe back pay on child support and am concerned with the state taking the money which is being left to me by my mother whom left it hoping it would help me.

    Sarah’s Answer

    Yes, it is my understanding they can attach anything. You owe an obligation to care for your child/ren first and foremost, hence their wide reaching abilities.

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  • What do I need to do I already have a restraining order?

    Below are my soon to be ex husbands charges, can you help me out at looking at a time frame to do what i need to do to get away from him. 2 days prior to these charges he stole my car twice and was released three times in one day for incidents wit...

    Sarah’s Answer

    Each county in California has a self-help center at the courthouse. Additionally, each county's District Attorney office generally has a Victims Witness/Advocate division. You should begin getting in touch with those offices to see about assistance and local programs. You should likely seek a civil/family Donestic Violence Prevent Act Restraining Order against him. While you indicate that you have a restraining order, I suspect you have a Criminal Protective Order, which may or may not offer you adequate protection and likely only lasts a few days.

    As to why he was released repeatedly, that is a question that very few, of any, of us can answer as it was the police who did it and it is their authority/justification to exercise or not.

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  • I filed a dissolution of marriage few years ago and listed baby as my children. Can I challenge paternity?

    I filed a dissolution of marriage few years ago here in CA. We had a 1 year old baby at that time and we included the baby as our children in the dissolution document filed with the court. My wife disappeared from my life afterwards and is curre...

    Sarah’s Answer

    I agree with my colleagues. As well, you held the child out as your own for the year after it was born, and in your petition for dissolution. Essentially, you "signed on," especially when you consider the informal statue of limitations, if you will. You can always ask the DCSS court to order the tests, but be prepared for the bad news.

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  • Default Divorce with Default Hearing. Filling out Form FL-160, Property Declaration.

    Default Divorce with Default Hearing. My wife has not filed a response, FL-120. I am filling out the Sep. and Community Prop. versions of FL-160, Property Declaration. I have a Pension Plan divided by the Time Rule(valued by an Actuary). Do I put ...

    Sarah’s Answer

    I agree with my colleague but would add that, in my practice, I would look at when the asset was originally acquired. If it was initially acquired before marriage, I would put it on the SP FL-160, noting the community interest. If it was initially acquired during marriage, I would put in the CP FL-160, noting the separate property interest. Either way, you should outline your proposal for its division. You could even attach a copy of the valuation to your FL-160s, redacting any sensitive information.

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  • If my ex-husband re- married a woman 4 months before our official Divorce What laws did he break & what can be done?

    My ex-husband a Naval Officer (California) and I were legally separated in 2006 with Court Orders. I am living in Australia, my ex purchased a house and was co-habitating (California) with a woman before marrying her in May 2012. We were official...

    Sarah’s Answer

    His current marriage is bigamous and therefore invalid. CA law does not permit someone to be married to two people at the same time. Whether or not this constitutes a crime is another story (especially as he likely lacked the necessary mental state to commit the crime of bigamy.

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  • Annulment...should I attempt to get signature of my abusive ex?

    We were married in reno but live in california. He was abusive on the wedding night, we continued to live separate because of it, after 18 months of being married we moved in together but within a few weeks he was abusive again and shortly after t...

    Sarah’s Answer

    I disagree with my colleague. Nevada actually allows people who married in Nevada to file for annulment in NV regardless of their present residency. You may wish to consider filing using a PO Box on your pleadings, thereby providing some degree of protection against your ex knowing where you are and allowing you to proceed as you are considering.

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  • How do I finish my divorce when my ex won't sign the judgment that she was ordered to prepare and file?

    My ex and I last went to court for our divorce in February 2012, after filing in March 2011, (I filed an At Issue Memorandum for this hearing.) She was ordered to prepare the judgment. She's done nothing further since then. I have prepared the fi...

    Sarah’s Answer

    I would ask the Court for a hearing and for the Court to sign on behalf of your wife. You will likely need an attorney but, as part of your motion, could ask for attorney's fees under Family Code 271.
    Good luck!

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