Adam Nathan Gurley’s Answers

Adam Nathan Gurley

San Francisco Divorce / Separation Lawyer.

Contributor Level 10
  1. I am in hiding from abusive spouse & trying to file divorce but don't know the info about his separate debts, can I still file?

    Answered over 1 year ago.

    1. Adam Nathan Gurley
    2. Michael Roger Schneider
    3. Edgar Beltran Diaz
    4. Paula Brown Sinclair
    4 lawyer answers

    Put on the Petition for dissolution in the separate property section on the first page "Confirm to Respondent as his separate property/obligation any and all debts in his name."

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  2. When should we expect our divorce decree to be sent?

    Answered about 4 years ago.

    1. Adam Nathan Gurley
    2. Morvarid Mary Moshrefi
    3. Jesus L Zuniga
    3 lawyer answers

    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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  3. Do you need a financial expert to be present at a divorce trail for evaluation of assets or just a written evaluation is enough?

    Answered over 1 year ago.

    1. Adam Nathan Gurley
    2. Donald Frederick Conviser
    2 lawyer answers

    A jewelry story owner or long time employee would likely qualify to testify at the trial re value of gold. I don't think you need some high-priced gold expert. Some counties also the parties to stipulate to trial by declaration (despite Elkins). IF you wife has agreed to this, you could have the expert do his testimony by declaration (written) and he would just have to show up at trial if wife wanted to cross examine him. If you prove at trial that she tried to scam you out of jewelry in box,...

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

    Answered over 1 year ago.

    1. Adam Nathan Gurley
    2. Martha Bronson
    3. Paul Jimenez Ryan
    4. Thomas Allen Neil
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  5. I filed for default what next?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Adam Nathan Gurley
    3. Stephen Ross Cohen
    3 lawyer answers

    Most people (including attorneys) do not do a petition with sufficient detail such that a court could enter a true default judgment as to all issues. A stipulation for judgment or a Marital Settlement Agreement is the route to take so as to get a judgment that deals with all issues.

    2 lawyers agreed with this answer

  6. How can I reverse a restraining order and find an Attorney who is willing to help me do this in Carson, California?

    Answered over 1 year ago.

    1. Adam Nathan Gurley
    2. Stephen Ross Cohen
    2 lawyer answers

    The only way would be to appeal the order to a higher court. The words that you describe from court should not have been enough for a restraining order. Technically, for dv restraining orders for words , you need words that place a person in 'reasonable apprehension' of imminent serious bodily injury to that person or another (Ca Fam § 6203(c); Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, 1288, 10 Cal.Rptr.3d 387, 395-396--'reasonable apprehension' tested objectively (subjective fear...

    2 lawyers agreed with this answer

  7. Can financial separation be permanent even if we a couple withdraws divorce petition?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Adam Nathan Gurley
    3. John Noah Kitta
    3 lawyer answers

    I suggest amending your petition to a request for a legal separation and going ahead and getting a judgment on this legal separation that divides up property as you want and extinguishes spousal support for both parties.

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Edmund Lee Montgomery
    2. Adam Nathan Gurley
    3. Cathleen Elisabeth Norton
    3 lawyer answers

    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

    1 lawyer agreed with this answer

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  9. My husband and I reconciled after a legal separation. How do we go about informing the court? We represented ourselves.

    Answered over 1 year ago.

    1. Daniel Seth Williams
    2. Adam Nathan Gurley
    3. Donald Frederick Conviser
    3 lawyer answers

    If you have a judgment of legal separation, I don't think that you can file a request for dismissal form. In addition, there is no need to re-marry because you were never divorced. I suggest just a stipulation (an agreement in the correct legal form) agreeing that you two have reconciled. The local court should have a family law facilitator (attorney) who can help you prepare the stipulation for free. Good luck!!

    1 lawyer agreed with this answer

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  10. My children found me in the midst of a suicide attempt. Is a year post-incident too early to ask the court for 50/50 custody?

    Answered over 1 year ago.

    1. Dianne Drew Butler
    2. Adam Nathan Gurley
    3. Shauna Marie Albright
    3 lawyer answers

    I suggest filing a request for orders asking for a gradual phase in return to 50-50. The court is not going to make a sudden shift to 50-50 given the situation. You could say something like once a week 8 hour visitation for 2 months, one overnight a week for 2 months, 2 overnights a week for 2 months, and then return to 50-50. In your request for order, you should offer to stipulate to random drug testing and that if any test is dirty that you return to supervised visitation. good luck.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful