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David Alexander Yomtov
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David Yomtov’s Answers

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  • My Chapter 13 bankruptcy term is about to end. What legal steps do I need to take to successfully complete it?

    My chapter 13 bankruptcy is about to end - either in June or July, can't remember the precise date, but we are very near the last payment. The lawyer who filed for us quit the business and moved out of the country, so we are currently in pro-se a...

    David’s Answer

    It depends upon what was at stake. If the court had granted a lien-stripping motion, you'll need to finish that process up.

    Taking the class, and submitting the declaration regarding same is certainly important. You'll have to file it with the court, most likely, since you probably don't have a CM/ECF account for online processing.

    You'll probably have to certify your case as being ready for discharge.

    It may be worth your while to consult with an attorney to get more specific guidance.

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  • Property division at present day value of "good" for car. What is present day value? Mileage on Date of separation or when?

    Thanx!

    David’s Answer

    Assets being apportioned in a divorce are usually valued as of the "date of trial."

    In your case, since you're settling the case, you use the value that you *agree* to use. If you're not agreeing, then use today's value, as it's closer to "date of trial" value than "date of separation value."

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  • Uncontested with MSA - why response?

    Husband and I decided to go with uncontested divorce with MSA. Why then does my lawyer want me to file a response (FL120) in court? Will I have to serve papers to the petitioner (husband) and what happens if I don't know his current physical addre...

    David’s Answer

    Since you have to pay your $435 appearance fee just to submit an uncontested Judgment (with MSA), you may as well file your Response while you're at it.

    Why don't you discuss this with your lawyer?

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  • How do I urgently enforce ATROs (automatic temporary restraining orders) on property transfers before divorce is final?

    Fam 2040(a)(2) and 1102 are supposed to prevent a spouse from unilaterally engaging in transactions which significantly impact the assets and liabilities of the parties Dissolution proceedings were begun two years back but accounting of financ...

    David’s Answer

    • Selected as best answer

    File an RFO immediately, include the page with Temporary Orders upon which you should check the box "Other" and add - Injunction against using funds to acquire real property. In the explanation, lay out the history and what her plans are, and attach copies of her communications, if you have any.

    Your wife is playing a dangerous game. She may be in contract for this purchase already, and may end up paying costs for breaking that contract. This should come from her half.

    I have to ask: Why on earth has your case made so little progress, and why don' t you have an attorney to help you deal with this self-centered person?

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  • How do I know if my custody and visitation schedule orders are temporary or permanent? Should this be indicated on the order?

    I requested custody, support, and visitation orders shortly after our divorce proceedings began (in conjunction with being granted a 3 year restraining order against my ex from family court). It's been 15 months and our divorce still isn't final (...

    David’s Answer

    Here are two general principles for custody orders in California:

    a) If there was a custody trial, or a custody evaluation, or both, and orders were issued after that, then the custody orders are "final" orders.

    b) Since children grow and change, generally the court will retain jurisdiction over custody and, for that reason, there really is no such thing as a "permanent" custody order. (Hence, I referred to "final" orders.)

    As to your numbered questions, it would be impossible to say without looking at your orders, but generally speaking, custody provisions to not have "expiration dates." Even if the DVRO is set to expire, the custody orders would continue in place (if not modified). (And you have to right to request an extension of your DVRO, as the expiration date approaches, and if you request it, the court will likely (99%) grant it.)

    One more thing to note: Family Code Section 3044 created the rebuttable presumption that a person who is restrained by a DV Restraining Order should not have custody. So keep this in mind when analyzing this situation.

    In all, it would be a good idea to consult with an attorney to get a good handle on what to do/where to go in this case. You need not retain counsel, but can consult as needed. Besides, you still need to finish your divorce!

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  • I switched jobs 2 months back and wondering if i need to report my new employer details to court and/ or my ex spouse?

    I switched jobs 2 months back and wondering if i need to report my new employer details to court and/ or my ex spouse?

    David’s Answer

    Keeping the other parent in the loop is generally a good idea.

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  • What are my rights to subpoena witnesses in termination of domestic violence restraining order ?

    I want to contest the order that my ex got against me. At which point may I subpoena witness? Also, can I submit family court written declarations from witnesses?

    David’s Answer

    a) If you have been served with DVRO papers, then you have the right to subpoena witnesses. I advise you to hire an attorney to handle this, even if on a limited scope, since issuing subpoenas is a legally technical process.

    b) Witness statements are hearsay, unless they are in court available to be cross examined by the other party and/or the court.

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  • How can I help my friend file for divorce in prison??

    my friend was married in Los Angeles county jail. He wanted to get a divorce but has had no luck, he has no children with her or anything. I wanted to know if I can help him file for divorce in santa clara county, and what do I need to do? He has ...

    David’s Answer

    Filing needs to be in the county in which he has resided for the last three months (or more). Unless he is incarcerated in Santa Clara County, this county is out of the picture.

    There are services that can help with filing of papers, service of process, etc. These include paralegals, legal clinics, etc. In fact, LA County has a self-help clinic in or near the courts (http://www.lacourt.org/selfhelp/selfhelp.aspx). Most others won't be free, likely, but it can be cheaper than an attorney. But they aren't qualified to handle challenges, such as serving papers on someone who is actively avoiding service of the papers.

    The spouse must be served, somehow. Your friend had better locate her, unless there's a restraining order preventing contact, in which case he had better hire a private investigator to locate her.

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  • In a divorce what is the process for undoing a family living trust and taking assets out so they can be divided?

    Petition for dissolution is filed. Some assets are in a living trust. We are trying to divide assets without going to court.

    David’s Answer

    Most family trusts are revocable, but I would not go so far as to say that this is the case in your situation. Contact the attorney who wrote up the trust, or bring the trust documents to an attorney for their review and advice.

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  • I called off the wedding. I live in California. I am entitled to the ring? The reason for the break-up was not cheating.

    The environment we lived in was very toxic. We fought constantly, there was no trust and found ourselves in the same, if not worst situation than when we first broke up.

    David’s Answer

    First of all, I am assuming that you mean the engagement ring.

    While giving it back may be a classy thing to do, given that you are the one who cancelled the wedding, it is commonly understood that this is a gift given without consideration, but out of adoration. If you called off the wedding (regardless of your reason for doing so), then you are not legally required to return this ring.

    But I have to ask: If this was a toxic relationship, won't this ring merely be a reminder of bad times?

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