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...
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.)
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.
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...
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...
Unfortunately, if the wheelchair-bound party is dependent upon the soon-to-be prisoner, then they will have to look elsewhere. There are public services such as the Dept. of Family and Children's Services, the San Andreas Regional Center, and Outreach. There is also the Social Security Administration, who could potentially grant disability benefits of one sort or another. There may be shelters or assisted living facilities that could help out.
In short, the wheelchair-bound party will...
First of all, you should have signed the schedules before they were filed. Did you do so? Did you not get an opportunity to review them before signing them? Many of the Trustees actually specifically ask if you did so, and if your lawyer (or their staff) explained everything to you and answered all of your questions.
So, having said that, I can understand your perception that this has been a nightmare for you.
Now, on to your question: You may, in fact, file an Amended Schedule...
You don't have kids, but you may very well have property together (that depends).
Are you saying that she's IN India now? If so, you'll either have to get her to agree to a divorce or go through specific methods to properly serve her in India. An agreement is definitely faster.
Please consult with an experienced, local family law attorney regarding how to get this done.
It's hard to say for sure without seeing the document in question, but that is the general gist of a waiver, yes.
It is possible to waive claims to possession while reserving rights to reimbursement for same.
Consider consulting with an attorney about this.
You can get a divorce in California if you have been a resident here for the immediate six months prior to filing. It helps if she is living here, too.
I cannot speak to whether India would recognize your California divorce, though I understand from attorneys who know more about it than I do that this is a problem.