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...
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...
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...
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.)
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 sounds like your insurer is trying to use the values listed in the BK as presumptive replacement values. The BK values are not replacement values, but only liquidation values. This should be clear. By arguing estoppel it sounds as though your insurer is arguing apples against oranges.
You should consult with your (or an) attorney regarding how to handle this claim dispute.
You'd best file a motion PDQ for custody. Ask for temporary orders for joint custody, and for orders that the child remain in Santa Clara County, all pending hearing (there's a box to check for this). File it with the Document Examiner, and give them the form Declaration in Support of Ex Parte Application for Orders (local form FM-1013). Indicate that you are not giving notice because a) giving notice would only cause him to flee with the child, and b) you are not asking for orders that...
"Community Property" means any earnings made during the marriage, or assets acquired using those earnings.. In the case where someone works to create a business during marriage, then the labor that they put into that business during their marriage stands in place of actual earnings. The "earnings" were deferred until the business started making money. So, if the business had been started during the marriage, then this business (or the money he got from selling it) would be 100% community...
I think that you have the right idea.
Send a file-endorsed copy of the Judgment to your ex, and file a Proof of Service by Mail (FL-335) with the court. (Well, technically, you need to have someone else put it in the mail and sign the POS.)