John Henry Perrott’s Answers

John Henry Perrott

San Jose Family Law Attorney.

Contributor Level 12
  1. I'm on disability and my wife's attorney is shielding me from our children. I need help with my divorce but have no options.

    Answered over 1 year ago.

    1. John Henry Perrott
    2. Britney L. Malpiede
    3. Samuel R Walker
    4. Barbara Jo May
    5. Curt Perri Bogen
    5 lawyer answers

    Your facts are hard to deal with, and there are few easy solutions when you are up against a good attorney and do not know the law. I suggest that you contact such friends and family as you have and ask them for help. In addition, at each hearing you go to you should make an oral request for legal fees where you can inform the Judge about how you need the playing field to be leveled. (Delete the detail that the party paying for the attorney is the one your wife had the affair with, the Judge...

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  2. Bifurcation of marital status

    Answered about 1 year ago.

    1. John Henry Perrott
    2. Wail Sarieh
    3. Tobie Brina Waxman
    3 lawyer answers

    Courts very often continue hearings when a party requests it. If you cannot show any harm to you from the continuance then the Court will be more likely to grant a continuance request. You should be prepared to tell the Court why granting a continuance will hurt / harm you, since if the Court sees no harm to you it may very well grant the continuance. Discovery Motions (your Motion to Compel and to have Requests Deemed Admitted) have some technical requirements, and if some seemingly...

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  3. My ex husband placed a TRO on me in family court now he keeps emailing me texting me. Can I email him, "Please leave me alone"

    Answered about 1 year ago.

    1. John Henry Perrott
    2. Grace Lea Chang
    3. Peggy Margaret Raddatz
    4. Stephanie Erin Story
    5. Michael John Harrington
    5 lawyer answers

    You should consult with a good Family Law Attorney. Without looking them over it will be hard to say whether the sheer volume and/or the content of the texts can be used as part of your defense to the Restraining Order. Taunting type behavior and/or severe controlling behavior, if clearly shown in the texts could be used by you. For now, do not send him a "please leave me alone" text, as that could just make it worse.

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  4. What can I do about a bias judge in family law??

    Answered over 1 year ago.

    1. Antoinette Cara Liewen
    2. Edna Carroll Straus
    3. John Henry Perrott
    4. Reynaldo Carrillo Pulido
    5. Loren Nizinski
    5 lawyer answers

    It is difficult to answer questions that are based on the interpretation of the language of a Marital Settlement Agreement (MSA) without actually seeing the language in the MSA. From what little you say, it sounds like your ex read the MSA, and wants to apply the plain meaning of the express text of that Agreement -- that if you default your ex can get the property back. Missing a payment is probably a default. You need to see a good Family Law Attorney, and show the exact language of the...

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  5. How can I find out if I have custody over my 17 year old?

    Answered over 1 year ago.

    1. John Henry Perrott
    2. James Louis Miller
    3. Robert Andrew Michael Burns
    4. Colleen Anne Warren
    4 lawyer answers

    You state that the Judge Ordered the case on two children to be closed. That means that there is at least a Court Order sitting in a file somewhere. I suggest that you call CPS, identify yourself, and ask them to tell you the case number and where the file is kept. When I go look up a file there is NO fee for looking at it (and it can jot down notes on my own paper if I want to), but if I make copies it is $0.50 per page. You should get a copy of any Order(s) in your case.

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  6. My wife filed for divorce. I'm now in default because I didn't respond in 30 days, but I was never served. Is that legal?

    Answered about 1 year ago.

    1. Patricia Frances Barberis
    2. John Henry Perrott
    3. Nicole Nuzzo
    4. Michelle Rene Fernandez
    5. Jannelle Jennifer Zawaideh
    5 lawyer answers

    It sounds like you need to file a Request for Order to Set Aside the Default. One of the reasons you can assert, a false affidavit of service, is a good and effective reason, if proven (LOOK UP: City of Los Angeles v. Morgan (1951) 105 Cal. App.2d 726, 731.) Filing a Set Aside Request without the help of good counsel will be difficult. There are technical requirements in CCP 473 that generally must be met, although some of the timing requirements may be tolled in your case if the failure...

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  7. My spouse and I are filling for divorce. Should I agree to selling of the family residence before having our case heard?

    Answered over 1 year ago.

    1. Gregory Paul Benton
    2. John Henry Perrott
    3. Stephen Peter Anderson
    4. Joseph Torri
    5. Arturo Angel Burga
    6. ···
    7 lawyer answers

    I have lost count of the number of times that clients have told me that they did something, even though their instincts and friends told them not to, and now they needed my help to undo it. I suppose that it is possible that your instincts are wrong, but in this instance I just do not think so. Your wife now wants more $$, more support, and more time with the children. Selling the home, so she will have lots of free cash to hire counsel to litigate every aspect of her wish list kind of...

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  8. If one doesn't follow recorded Stip Agree causing other $ loss & didn't disclose assets during marriage whats the outcome?

    Answered about 1 year ago.

    1. Daniel Seth Williams
    2. John Henry Perrott
    3. John P Corrigan
    3 lawyer answers

    The outcome of a breach of the duty to disclose and/or breach of fiduciary duty claim, like the one you describe, will depend on at least several important factors: (1) How well you prove it all up (SEE Family Code 1101(g) [preponderance standard can work] and SEE Family Code 1101(h) [Clear and Convincing Evidence Standard], (2) How much money was involved? A small claim (the undisclosed business lost money and was worthless) will likely yield less than a huge claim (the business made lots of $...

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  9. Can I go back to family court with evidence of pergury a year after the final hearing?

    Answered about 1 year ago.

    1. Steven Parnell Weaver
    2. John Henry Perrott
    3. James Robert Fox
    3 lawyer answers

    I would want to know when you first got the proof that the letter was false. Did you testify in Court at the earlier hearing that the contents of the letter was false? Did you object that the letter was inadmissible hearsay, and demand that the author of the letter testify -- otherwise the evidence be excluded? A copy of the transcript of that earlier hearing could be useful. It is probable that with the evidence that the letter was false you could do something in Family Court. There...

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  10. Spousal Support While Filing for Divorce

    Answered about 1 year ago.

    1. Heidi Pamela Lauer
    2. John Henry Perrott
    3. Alexandra Rachel Lavinsky
    4. Tracey N Lundquist
    4 lawyer answers

    You have a duty to support your spouse even in the absence of a defined support order. You do not have a duty to allow her to drain you dry. You probably should close the joint accounts, and immediately thereafter file for divorce. The debt for those expensive purchases could be assigned to her -- if the Court determines that she made those purchases after the date of separation. The longer you wait to file the greater the chance the Court will find some later date of separation. An...

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