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Daniel T Pocklington

Daniel Pocklington’s Answers

6 total

  • How do I file an amended summons and petition for a divorce?

    I attempted to file for divorce a few years back. Could not make contact with my spouse and now the time frame has lapsed. I was told to amend my summons and petition, but I am not sure how to do this? I do not have the money for an attorney.

    Daniel’s Answer

    It sounds like the clerk dismissed your case all together for failure to pursue it. If that is the case, you need to re-file the a new Summons and Petitioner for Dissolution. However, if you do need to just "Amend", then it depends on whether you served the papers and your spouse filed any Response with the court. If he/she filed a response then you likely need to ask the court permission to amend. If he/she was never served or he/she never filed any papers responding, then you have the right to file the new Petition by checking the box "Amended" and an Amended Summons. I hope this helps.

    -Dan

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  • What options do I have if my ex won't sign the final judgement to end the divorce?

    The only thing left to finalize my divorce is the Final Judgement, but my ex won't sign it. This is the last step in the process to finalize our divorce in the state of California. Is there anything I can file to set a court date or hearing so we ...

    Daniel’s Answer

    In order to get your case before the court, you need to request a case management conference. If you haven't yet done this, there are local rules on how to get the case before the court. This will allow the judge to manage your case. Contra Costa County uses case management conferences while other counties use a different term. Nevertheless, once you get in let the court know what is delaying the process. Getting in to trial may take a few (or several) months depending on how backed up your judge's department is. Keep in mind when you first appear before the court, be prepared to explain to the judge how soon you will be prepared for trial. The judge will schedule a settlement conference and typically the judge or a court clerk will attempt to assist the parties to resolve their differences to avoid a trial. Best of luck!

    -Dan

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  • Divorce in CA: Preliminary Disclosures: Do we need to file INCOME AND EXPENSE DECLARATION , along with Form FL141

    My friend is undergoing divorce in CA and served preliminary disclosure to the spouse. As a proof, does she need to file INCOME AND EXPENSE DECLARATION along with FL141?

    Daniel’s Answer

    The short answer is no. The FL-150 I come and Expense form is only to be served on the other parties when required for disclosures. However, there are other instances where this form needs to be filed with the court. For example, when there is a Request for Order for support or attorneys fees.

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  • California divorce form question

    Everyone says that there is a complaint form when you petition for divorce where you can write why you are divorcing...this is different from what is already written there. When filing the Fl-100 i think, i did not see where I had to write my comp...

    Daniel’s Answer

    California is a no fault state. This means that the state is not interested in determining who is to blame for the irreconcilable differences. However, page 2 of FL100 does provide for reasons for your request for divorce.

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  • I drive a tractor trailer and i was in a accident and i was wondering if i could sue them, i did not have medical payments on it

    i did not go to hospital and as a result i now have 3 hernias and may have to quit driving. the insurance was on my own tractor trailer.

    Daniel’s Answer

    I would suggest you make sure that you have no hidden medical injuries that resulted from the accident. If you aren't sure, contact your local bar association to get referred to a local attorney to advise you.

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  • In CA, if a minor (under 18) is injured in a car accident, and finally a settlement is reached. Who should sign the form?

    The minor or his/her guardians? If the settlement with the insurance company is signed by the guardians, once the minor reaches 18, can he or she overturn the settlement and make a lawsuit against the insured?

    Daniel’s Answer

    The best practice is to seek court approval.

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