Adam Nathan Gurley's Answers

When should we expect our divorce decree to be sent?

If you know your case number, you can go to the San Francisco Court website and see what the status of your case is. Based upon my experience, San Francisco court usually takes 2 or more months to process a judgement. The address to check status is http://webaccess.sftc.org/scripts/magic94/Mgrqispi94.dll?APPNAME=IJS&PRGNAME=casenumberprompt22

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Do I have to meet my ex-husband half way for visitation with our kids if it is not in the divorce decree?

While it is not in the divorce judgment, it is likely that a judge would order something like this if you guys can't get an agreement and you have to go to court. You were the one that moved out of state (even if you had good reasons) and you are not working so it seems that you have the time to meet him half-way. Why don''t you want to meet him 1/2 way? Is it because he got the child support reduced? I don't understand why it has gone down. Did you run a guideline child support calculation?

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I have a court order for alimony and my ex-husband got laid off. Can I collect from his unemployment reimbursement?

Typically, unemployment benefits can be garnished for spousal support. If he does not pay you, the amount accumulates and you get interest at 10% a year on the unpaid balance. You could also file for contempt of court if he does not pay. Depending on your judgment, he might be able to get a modification due to his unemployment. What does the judgment say, if anything, as to a modification from his side if his income goes down?

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What kind of real support can I get from my husband, being a permanent resident?

You should instantly file paperwork in court for spousal support in the divorce action. The court will set temporary spousal support based upon your income and his. You should get at least $1700 a month based upon a "dissomaster" calculation. With the difference in your incomes, you can probably get him to pay your attorney's fees as well. The affidavit of support is not really used much in support cases. Contact me if your have any questions. Thank yoiu.

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My duaghter's mother wants to end our child support case, what needs to get done to have this happen?

You prepare and file in court a "Stipulation to Establish or Modify Child Support and Order" form. The form number is FL-350. Google for this number and you find the form. The Family Law Facilitator is an attorney who works the county and she will help you for free to make sure that the form is properly done and filed. Good luck.

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Did I get divorce?

Yes you got divorced. The date that you go divorce was June 10 2010. Yes you can marry again right now. As to steps remaining, were all issues (property support, etc) dealt with in the judgment? If so, there is nothing left to do.

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I filed a RO against my brother for left several messages on my answering machine treated to harm and violence against me.

The judge in your case might have refused to listen to the tape due to legal rules which say that you should have a transcript of any recording. The appeal is really not a reality. It is too complicated to do one and the court of appeal would almost certainly agree with the judge. Was this in Family Court? If so, maybe you could seek the same remedy in another court by way of filing another action to stop harassment in regular court using the form CH-100. If you do this, make sure to...

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Ex- husband chronic alcoholic and I want to move with my daughter out of state, what is my chances with a judge?

Because you have physical custody, you have a presumptive right to move out of state. From the way your describe it, he would have very little chance of stopping you from moving with your daughter. Is there any court order ordering you not to move out of state with your daughter?

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Complicated visitation question...

You have to obey the order until you get it changed. I think that the fact that she is not with him the vast majority of her time "with" him would be factor for the court to change the existing order. However, it sounds like that, since he is a Fireman, that he probably has other days that is is not working that he could just change for the scheduled days when he uses "childcare." 30 days straight in the Summer without seeing you seems a lot for a child that young. Have you been to...

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If i married an ilegal immagrant and was helping him become a citizen but the relasionship did not work out how fast can i get

It takes a minimum in California of six months from the time that the other person is "served" with your divorce case paperwork to be divorced. However, an annulment (a nullity of marriage) can happen faster than six months.

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