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Adam Nathan Gurley

Adam Gurley’s Answers

72 total


  • In process of divorce, my husband is now claiming disability so will I have to pay him alimony?

    He was the main income earner and I worked part time to take care of the kids.

    Adam’s Answer

    Possibly, but unlikely. He will likely get disability income greater than your income. Hence, as his income is likely to still be higher, you unlikely will pay spousal support.

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  • Low income divorce filing?

    I am unemployed at the moment and I need to file for divorce. Is there a quick any easy way? How soon would the divorce be final? No children from this marriage, no assets to fight over.

    Adam’s Answer

    If marriage is less than five years, and assets (even separate) are modest, and she will sign, you should be able to do a joint petition for summary dissolution of marriage. http://www.courts.ca.gov/documents/fl800.pdf You be divorce about six months after filing. Some court prepare the final judgment form for you. Some court want you to prepare it and submit about six months after filing. http://www.courts.ca.gov/documents/fl820.pdf

    Court will charge you $450 filing fee for a joint petition unless both of you qualify for fee waivers. http://www.courts.ca.gov/selfhelp-feewaiver.htm

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  • Is the FL-180 (and attachments) public information? Need to see if divorcee obtained assets from the divorce judgment.

    Divorcee has filed a claim for certain benefits to which he is entitled only if his assets and obligations fall below a certain threshold. The divorcee claims he has lost the judgment (FL-180) and does not remember assets acquired or obligations ...

    Adam’s Answer

    The judgment is a public record. You should be just able to go to the Court House (or pay onelegal.com to go) and get a copy of judgment. Some counties try to be difficult about divorce judgments and say that only parties or their attorneys can see file. As I remember, Sacramento court was one of the difficult ones that, despite the law, try to restrict public access. However, this was some years ago and, hopefully, they are now following the law allowing public access.

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  • How many Gavron warnings must/can one be given before spousal support is terminated or reduced?

    An ex-spouse has been given two Gavron warnings and made no effort to become self-sustaining. What is the chance of spousal support being terminated?

    Adam’s Answer

    Garon's warning are pretty weak in terms of really getting somebody back to work. At next hearing, ask the judge to put her under a seek-work order. Some seek-work orders are really weak and easy for someone to scam there way out of. For example, some judges say "apply for no less then 10 jobs a month" and then the person can comply with this order by just emailing 10 jobs on craiglist. The better/stronger seek-work orders are a certain number of hours per week. like 40 hours a week, like you are probably working as least this many. Contra Costa Court has a super seek work order which you could ask your judge to emulate, copy, and/or at least use some things from. Here is the link to Contra Costa seek-work order : http://www.cc-courts.org/_data/n_0046/resources/live/famLaw06_SeekWorkOrder.pdf

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  • In san francisco what happens when a person accuses their spouse of domestic violence in a counseling session?

    the wife is struggling with advanced cancer under alot of medication the husband is very supportive and is concerned about consequences of restraining her when she is a danger to herself i.e. threatens to commit suicide and takes action to do it....

    Adam’s Answer

    I don think so because the counselor is not providing medical treatment.

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  • Spousal Support

    If I have been married for 10 years how long will I have to pay spousal support. My wife is a licensed cosmotoogist who refuses to work. Says she is going to get spousal support for life.

    Adam’s Answer

    Your marriage is what is a called a marriage of "of long duration," (Family Code Section 4336(a)). With this type of marriage, the court "retains jurisdiction" indefinitely unless waived. This does not mean you pay spousal support forever. It means the court has the power to do so. Unless she has health problems that preclude her from working, it is very unlikely that she will get spousal support for "life." If she tries to get spousal support from you request from the judge that she be put under a strong seek work order and get a vocational evaluation re that she could and should be working. If she has ever been convicted of Domestic violence against you, this probably means she gets no spousal support. Family Code 4352.

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  • If your EX-husband wants to fight after 3 years divorce battle ended, what should I do?

    I settled divorce agreement that I was award physical custody of a child 10 years old and joint legal custody with him, but he is now wanted to fight about alimony support. I told him that I don’t want to fight because it will hurt my child if pa...

    Adam’s Answer

    From the way you describe it, it appears that he has been paying you spousal support for ten years. Given this, it is not surprising that wants a modification of spousal support.

    If you wanted to end the battle, you could offer to waive further spousal support in return for nothing or some fixed amount of money.

    As to the actions of his attorney, as mentioned by other lawyer, you could attempt to make a complaint to the State Bar. However, unless you have some very specific facts to show that his attorney has violated the law, a complaint to the bar is not a productive use of time as they will take likely take no action on your complaints. The state bar has lots of complaints from people about their own attorney. It is too expected that parties on one side do not like the attorney on the other side. I will note also that as you describe it, his attorney is working for some low-income/pro bono legal rights organization, which could impact the desire of the State Bar to pursue action on some minor problems.

    I hope you work it out.

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  • Does my cohabitation effect the temporary spousal support I receive pursuant to an order of the court?

    I am divorcing. The court ordered my husband to pay temporary child support and temporary spousal support. The support amounts are modest $173 in spousal and $137 in child support. I am a teacher in a private school and make $30,000 without ben...

    Adam’s Answer

    The Ca Fam § 4323(a)(1) rebuttable presumption ( opposite-sex cohabitation decreases need for spousal support,) appears in the part of the Family Code governing permanent spousal support orders. It is therefore unclear whether the presumption applies to § 3600 temporary spousal support orders. [Marriage of Tong & Samson, supra, 197 Cal.App.4th at 29, 127 Cal.Rptr.3d at 862 & fn. 5.

    Hence, the judge might invoke the presumption or might not

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  • My husband isn't helping me pay debts & bills we created while married. Can I get temp spousel support until divorce is settled?

    I am currently split up and living seperate from my husband of almost 10 years. He isn't helping me pay some of the bills we aquired together. we filed joint for 2009 and owe IRS over 5 grand which recently he stopped paying and the bill is on me....

    Adam’s Answer

    Temporary spousal support in most counties is done by a guideline formula (usually something like 40% of paying spousal's gross income if receiving spouse has no income.) Without knowing your income and his that you are able to show in court, no one can forecast if you should get spousal support or how much.

    A temporary spousal support request for order is not complex with a little help. The Family Law Facilitator (an attorney who works for the court) will give you that help for free!!! The sooner you file your request for order (fl-300) and Income and expense declaration (FL-150) and get him served, the sooner the court can decide the issue of temporary spousal support.

    Good luck!!!

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  • Can Alimony be changed to make the out person pay?

    My husband and I are divorced and he pays me both alimony and child support. He makes 100k+ per year, and I am unable to work do to a back injury. He is threatening to file for bankruptcy saying he wont have to pay me anymore. In addition he is sa...

    Adam’s Answer

    Him filing bankruptcy will not impact his obligation to pay you child and spousal support.

    It is possible that if you inherit a bunch of money that you might be ordered to pay him spousal support sometime in the future. If he waived spousal support in your judgment, he is out of luck as to getting spousal support from you. If he did not waive it, he might get it if, for example, he loses his job and you have a bunch of money. After-judgment spousal support is complex and depends on a lot of factors as set forth in Family Code 4320.

    For now, it appears that he is just trying to pester and annoy you with his claims re spousal support from you, rather than really planning on seeking it.

    Good luck.

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