David Alexander Yomtov’s Answers

David Alexander Yomtov

San Jose Family Law Attorney.

Contributor Level 16
  1. Hi. Recently I filed request to enter default divorce, but it was rejected with following line marked: Petitioner must submit

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

    Answered about 2 months ago.

    1. Matthew Murillo
    2. Robin Marie Estes
    3. David Matthew Piper
    4. Jay Scott Finnecy
    5. David Alexander Yomtov
    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

  3. Bankruptcy Sale, Lien, Claim, Property

    Answered over 1 year 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

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

    Answered 4 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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  5. Can I sue my spouse for domestic violence of 6 1/2 years.

    Answered over 1 year 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

  6. Online status of Dissolution judgment filed

    Answered about 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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  7. What happen to a wheelchair bound spouse if the other goes to jail?

    Answered 3 months ago.

    1. David Alexander Yomtov
    2. Edna Carroll Straus
    3. Pearlette Vivian Toussant
    4. Michael L Detzky
    4 lawyer answers

    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...

    9 lawyers agreed with this answer

  8. Can i add creditors that were left out on my bankruptcy petition after its been filed?

    Answered over 1 year ago.

    1. David Alexander Yomtov
    2. Robert E. Vosburg
    3. Rex Tran
    4. Michael S Schwartzberg
    4 lawyer answers

    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...

    9 lawyers agreed with this answer

  9. To protect my income and belongings, is a pre-nuptial agreement required if I move in with my boyfriend in California?

    Answered 3 months ago.

    1. David Alexander Yomtov
    2. Athina Karamanlis Powers
    3. Francine Denise Ward
    4. Jay Carl Stoegbauer
    4 lawyer answers

    A Prenuptial Agreement is made in contemplation of an impending marriage. What you want is a Cohabitation Agreement. You want to define how you will manage finances, etc. This would be a fully enforceable contract, in my experience. If you want to keep the apartment after a potential breakup, then you should sign the lease by yourself. He will then be staying at your place, with your furniture. Make sure to keep your finances separate, and keep receipts for everything that you buy,...

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  10. What is the procedure for seeking divorce, I live in Santa Clara county where as my wife is in Mumbai, India.

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. David Alexander Yomtov
    3. Gregory Paul Benton
    4. Ripal Patel
    5. Richard H Wilson
    5 lawyer answers

    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.

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