David Alexander Yomtov’s Answers

David Alexander Yomtov

San Jose Family Law Attorney.

Contributor Level 17
  1. Hi. Recently I filed request to enter default divorce, but it was rejected with following line marked: Petitioner must submit

    Answered over 2 years ago.

    1. David Alexander Yomtov
    2. Donald Frederick Conviser
    3. Daniel Seth Williams
    3 lawyer answers

    Here's a link to the Local Rules of Court: http://www.scscourt.org/court_divisions/family/family_rules/family_rule8.shtml#B (opens right to the section referred to). It reads: "Default will not be entered if Respondent’s address as stated on Petitioner’s Request to Enter Default (Form No. FL-165 ) is the same as Petitioner’s address, unless Petitioner also files a declaration stating under oath that Petitioner and Respondent live at the same address." It would appear that you either are...

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  2. What is "findings and orders after hearing" in family court?

    Answered 2 months ago.

    1. David Alexander Yomtov
    2. C. Zadik Shapiro
    3. Edna Carroll Straus
    4. Michael Darlington
    4 lawyer answers

    Here's a link to the form you are asking about: http://www.courts.ca.gov/documents/fl340.pdf For a DV hearing, this would likely be the form: http://www.courts.ca.gov/documents/dv130.pdf "Findings" are conclusions of fact that the court makes after hearing the testimony and seeing the evidence. "Orders" are just what they sound like.

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  3. Why is family attorney usually charges more than a criminal defense lawyer?

    Answered 6 months ago.

    1. Matthew Murillo
    2. Robin Marie Estes
    3. David Matthew Piper
    4. Brian K Wanerman
    5. Jay Scott Finnecy
    6. ···
    12 lawyer answers

    In a criminal prosecution, the prosecutor has a chase to make. It includes certain charges. The criminal defense attorney needs to investigate the facts, gather evidence, research laws and procedures (if necessary), and make a few brief court appearances (IDC, arraignment, etc.) If the case settles, then they're done. If there is a trial, then they are done after the trial. In a family court case, the attorneys are dealing with spousal support, child custody and visitation, child support,...

    10 lawyers agreed with this answer

  4. Bankruptcy Sale, Lien, Claim, Property

    Answered almost 2 years ago.

    1. David Alexander Yomtov
    2. Michael Avanesian
    3. Madhu Kalra
    4. Stuart Gregory Steingraber
    5. Diane L Gruber
    5 lawyer answers

    The answer is still that it is not safe to assume ANYTHING. It is really a good idea to review the bankruptcy docket for that case, to get a better idea of what has transpired. There are sales during bankruptcy, and then there are sales during bankruptcy. (In other words, they're not all the same.)

    10 lawyers agreed with this answer

  5. Child custody without divorce?

    Answered 3 months ago.

    1. David Alexander Yomtov
    2. Jay Carl Stoegbauer
    3. Ingrid Gherman
    3 lawyer answers

    If the child is in the United States (note that I said "in" and not "a citizen of"), then you can file a Petition to Establish Parental Relationship or a Petition for Custody and Support. It would also be helpful if you are here, as you cannot easily establish custody if you are not in the same country as the child. If your home country will not recognize a California divorce, then would they honor a California custody judgment? Something to think about.

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  6. I just became aware of a QDRO dated 2 months ago sent to an address where I never lived. How can I appeal?

    Answered 8 months ago.

    1. David Alexander Yomtov
    2. Howard M Lewis
    3. Gregory Paul Benton
    4. Robert Ricci
    4 lawyer answers

    I'd suggest that you immediately do two things: a. Write to the pension administrator and advise them then you are contesting the QDRO. b. File a motion to have the QDRO set aside for lack of notice and opportunity to be heard. Consider retaining counsel to assist you in this regard.

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  7. Can I sue my spouse for domestic violence of 6 1/2 years.

    Answered almost 2 years ago.

    1. David Alexander Yomtov
    2. Bradford Charles Brereton
    3. Richard Andrew Harting
    4. Christian K. Lassen II
    5. Robert Andrew Michael Burns
    6. ···
    7 lawyer answers

    This is more of a personal injury law question than a family law question. The Family Court does not award "damages," but only has jurisdiction to divide up community property and issue support orders (when it comes to monetary issues, that is). I do not expect that you will get much interest from P.I. attorneys, since they get paid from the proceeds and if your husband has multiple convictions it is a big question how he would ever be able to pay damages large enough to cover the legal...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Online status of Dissolution judgment filed

    Answered over 2 years ago.

    1. David Alexander Yomtov
    2. Donald Frederick Conviser
    3. Ross Carlton Meltzer
    3 lawyer answers

    There is a single judgment clerk in the Santa Clara County Family Court, and they're vetting every non-trial judgment that comes through. They check to see that it addresses all points required by state law, by local rules of court, etc. They check to see that all required forms have been filed are accompany the judgment. To do this they have to pull the case file. They do this before even sending it to the judge for signature. Then, the documents sit in the judge's basked until the...

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  9. My sister is hospitalized and her husband is a drunk and will sell all of their property. How do I stop this?

    Answered 4 months ago.

    1. David Alexander Yomtov
    2. Corinne Rae Coston
    3. Thomas Peter Feledy
    4. Lloyd A. Pont
    5. Gregory Paul Benton
    6. ···
    7 lawyer answers

    Please make an appointment with an attorney experienced in conservatorships. Be prepared to discuss the mental health of both adults, since it is their joint estate that you are trying to preserve. You will have to show that the alcoholism is actually impairing his ability to manage affairs. (The stroke will be easier to prove.)

    9 lawyers agreed with this answer

  10. I would like to change my last name and middle name?

    Answered 4 months ago.

    1. David Alexander Yomtov
    2. Jay Carl Stoegbauer
    3. Robert Andrew Michael Burns
    3 lawyer answers

    You could start with this link, from the court's website: http://www.scscourt.org/self_help/probate/namechange/namechange.shtml

    9 lawyers agreed with this answer

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