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Christina Marie Sherman
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Christina Sherman’s Answers

52 total


  • Why is the court requesting a hearing in a divorce where request for default has been entered and paperwork is error free?

    I filed for divorce in August of 2012 and I finally received notification that my request to enter default was approved. I expected the judgment for dissolution would follow, but instead I received a notice that my judgment was rejected and that a...

    Christina’s Answer

    It's not clear, but would be helpful to know - is the court requesting a "prove-up" hearing?

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  • FOR NADINE MARIE JETT Hi, I wish I could retain you! Re: Divorce

    When an ex files an incomplete fl-120, does the judge decide the other matters? She doesn't agree to joint legal custody, attorneys fees or property, but we're both in pro per, so there are NO attorney fees and the property is an old car bought wi...

    Christina’s Answer

    Sounds like all you really need is help preparing the paperwork? If so, contact Family Services http://www.saccourt.ca.gov/family/fcs.aspx#services and they should be able to help. If they cannot help, there are a number of lawyers (like me) that will process the paperwork for a flat fee.

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  • I have a custody question

    i had a custody agreement where i had to meet certain requirements to see my daughter on Saturdays and then after a year we would have a hearing to decide if i can get overnight visits . . . . . my ex wife started letting me see her without t...

    Christina’s Answer

    Based on the limited information provided, it seems you have two questions: (1) did your ex wife violate the order by with holding access to your child, and (2) did your ex wife "void" the court order by allowing overnights.

    (1) If your ex wife denied access to your daughter despite a court order that granted you visitation, yes she WAS in contempt, but now that she is in compliance, this is no longer an issue.
    (2) No, your wife cannot "void" a court order. You will need to have a court order allowing you overnights before the current visitation arrangement is actually an enforceable order. Since your ex wife is now cooperating with you, do you think she will stipulate to a modification? This will surely be the simplest and least expensive way of getting a modification to your current visitation. I would advise you to present her with form FL-355, with form FL-341 attached, and see see if she will sign it. Your county's Family Services can likely help you complete these forms. If she will not agree, you will have to file a Request for Order. I would again advise you to go to Family Services, or retain an attorney to help you with the Request for Order, if you are unable to stipulate to a modified schedule.

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  • What is the easiest and cheapest way to get an uncontested divorce in Los Angeles County?

    My husband and I are planning on getting a divorce once we sell our house (sale is currently pending). We have decided to split the proceeds of the sale 50/50. We both work and have retirement plans and neither of us wants any part of the other's ...

    Christina’s Answer

    The cheapest form for your circumstance is default with written agreement. Normally the petitioner and the respondent each pay a $435 filing fee. In a default proceeding, only the petitioner pays the filing fee. However, I do agree with Attorney Waxman in that it is so much better to have a lawyer prepare the paperwork than to try and do it yourself. In the grand scheme of things, it won't cost you much. It sounds like you have a healthy amount of assets, and having the papers done right the first time will save trouble down the road.

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  • Mediator biased suggestions

    there is a court finding that a perent abused the child and is jobless and hopping around without providing stable residence for the child. mediator did not consider any of these and gave 50% custody to the abusive parent. how do i contest?

    Christina’s Answer

    I am a family law attorney and I practice primarily in Marin County. Marin County is a recommending county, meaning a judge or commissioner will most likely adopt the mediator's recommendation.

    We really are lucky here in Marin to have the resources we do. You always have the right to examine a mediator in court, but you would be better off doing so with the assistance of an attorney. Have you heard of the Family and Children’s Law Center? They may be able to help you free of charge. There is also Legal Aid. I would advise you to contact them right away. Please review this link for their contact information, as well as other organizations that may be able to help in different ways - http://www.marincourt.org/family_agencies.htm.

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  • Can I file the FL-141 (and FL-115, FL-117, FL-335) at the same time as Judgment forms?

    I am the petitioner in a default divorce case in San Diego, CA. I will file the Judgment papers 30 days after my spouse was served. I know that I need to file the FL-141, FL-115, FL-117, and FL-335 to prove that I served my spouse with the peti...

    Christina’s Answer

    The court will reject your declaration for default if it has been less than 30 days since time of service. Otherwise, you can file all at once, but keep in mind that you will not get your judgment back for some time. The file clerk cannot sign off on the judgment at the time of filing, it has to be reviewed and signed by a judge or commissioner in order to be valid. That is why it is so important to provide the court with self-addressed stamped envelopes. Here is a link to a judgment checklist - http://www.courts.ca.gov/documents/fl182.pdf. Please review this carefully.

    I want to clarify that you served her by mail, and she signed the FL-117 Notice and Acknowledgement of Receipt. If she did, staple this to the proof of service of summons. If you had her personally served, you do not need the FL-117.

    You may want to have an attorney review your paperwork. There is nothing worse that getting your judgment rejected, and having to start all over.

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  • Do respondents in a divorce also pay a filing fee?

    If my wife sues for divorce and I am the respondent, do I have to pay a filing fee also? When I respond to her petition with the FL-120 am I required to pay the clerk a fee?

    Christina’s Answer

    In addition to the fee waiver, you will not have to pay the filing fee if you dissolve your marriage by default or default with written agreement. Of course, this is only possible if you (A) agree with everything in the petition and are willing to let her take the default, or (B) are able to enter into a written agreement before she can take your default. Since there is the risk of entering into default without fully understanding the potentially detrimental outcome, I urge you to consult with a family law attorney before doing so.

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  • Would I be able to get full custody of my 11 month old daughter?

    Her father & I split up when she was 6 mos old. Since then he's been paying me $400/mos for our daughter. He has a full time job & makes $23/hr. I, on the other hand, am a stay at home mom. He has been threatening meabouttaking me to court & takin...

    Christina’s Answer

    Based on the facts you provide, it is highly doubtful he can get sole legal and physical custody. You, on the other hand, may want to file a Request for Order for child support, as $400 a month seems to be on the low end.

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  • How does form interrogatories/request to produce documents relate to a child visitation case?

    I am the custodial parent, I do not work & provide 100% of the childs needs. My husband works but is not a party to the case. I have not asked for child support from the other parents. Wouldn't an income & expense declaration suffice if they are ...

    Christina’s Answer

    I'm a bit confused, but will do my best to provide an answer. More facts would also be helpful. What do you mean by other parents? Who are these other parents? Is this a modification?

    At any rate, attorney fees are based on a variety of factors, most often the need of one party to obtain the fees and the ability of the other party to pay. At any rate, I would advise you to consult with an attorney, doing so could save you money in the long run.

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