Lorna Margo Jaynes's Answers

Serving Spouse with Divorce Papers

A sheriff or process server is not at all necessary. You can have any adult over the age of 18 who is not involved in the matter either serve your husband. They can personally serve by handing him the documents and completing a Proof of Service of Summons form or serve him by mail which involves mailing him the documents along with two signed and dated copies of the Notice of Acknowledgment of Receipt Form. Your husband must sign one of the Notice Forms indicating that he acknowleges he has...

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Can I file request for judgment of dissolution of marriage after 9 years?

There is not enough information here to answer fully, but if you and your husband correctly completed and filed a joint petition for dissolution as part of the Summary Dissolution process and included your signed agreement addressing the division of your property and spousal support, then presumably you can file Request for Judgment of Dissolution. Unfortunately, regardless of whether or not you have to re-file, you have been married for nine years.

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Can my wife who did not respond after serving. Show up with an atty the day of hearing.

It appears your wife has filed a Response and the matter is contested, but that does not mean it needs to be adversarial. Since your wife is interested in mediation, it would probably benefit both of you to work with a mediator to resolve all of the issues in your dissolution, including support and the payment of any fees.

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My wife is committing adultery with my own blood brother and kicked me out, how do i document the adultery so i can use it in di

California is a no fault divorce state. Since adultery is not relevant to the issues to be resolved in a dissolution there is no reason to document it. You have not provided enough information to determine whether she has the right to kick you out, but either way, if you are divorcing you might want to first learn about the various options to obtain a divorce and resolve the issues such as property division, a parenting plan and support and choose one that will enable you to reach a fair result....

If my wife seeks a divorce in MA but I am a resident of CA do I have options and if so is one more advantageous than another?

Ideally, you and your wife, regardless of what state has jurisdiction over the custody issues related to your children, can work together through the Collaborative Divorce process or through mediation, to achieve and positive and mutual resolution of all of the issues in this matter without going to court and with your personal and economic dignity intact.

Do I need to attach FL-160 "Separate Property" Declaration to Judgment?

Without seeing the forms I cannot be completely certain but it appears that you should to check 5(b)1 on the FL170, 4(o)2 on the FL180 and attach an FL345 to the judgment (FL180) confirming the separate property in accordance with the way it was set forth on the FL160 that was filed and served with the petition. Always file judgments with self-addressed, stamped return envelopes and If you make a mistake, the court will send the forms back to you with a form indicating the nature of the problem.

What is the difference between a Mediator a Divorce lawyer?

Mediation is a voluntary, confidential and cooperative problem-solving process in which the parties agree to work with a mediator who, as an impartial and neutral facilitator, assists them in reaching a mutual resolution of the issues. Through this process the parties work to identify issues, collect information, evaluate options and find solutions that address the concerns of both. Some people come to mediation with most of the terms of their agreement settled. But most commence mediation...

How to fill out FL-800 form(summary dissolution of marriage)??

The only pages to be attached to the FL800 would be the agreement between you setting forth the division of assets and liabilities as indicated in section 11(b). The FL150 is a separate form that must be filed but is not attached to the FL800. The FL810 is only an information sheet to help you with the summary dissolution process, not a form to be filed with the court. I hope this helps!

In the state of california can i move out of my house or would this be abandonment?

Moving out of a house is not, in and of itself, abandonment. If you are living in a high conflict household and a disfunctional relationship and are considering moving out or divorcing, you may want to consider using mediation or collaborative divorce to end the marriage with your personal and economic dignity intact. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it...

How much can ex wife recieve from my pension if I'm retired thru a QDRO?

It depends. Your wife may be entitled to half of the portion of your pension that was acquired during your marriage. How much she may be entitled to is not a function of the QDRO - a QDRO is simply a specialized order often required by pensions to divide a pension in dissolution. I recommend sitting down with your wife and a mediator or collaborative attorneys who specialize in family law in order to reach a mutual resolution of the issue.