Donald Andrew Hansen's Answers

Can my husband cancel my health insurance before our divorce is finalized?

Look at the Automatic Temporary Restraining Orders listed on page two of the Summons you served on him. He is NOT allowed to unilaterally change your health insurance coverage without your agreement or a court order. First, point out to him he is in violation of the court orders, and that if he does not immediately put you back on his health plan, you will take him to court -- possibly for contempt of court. If he doesn't comply, consult with an attorney for an hour on how to proceed (...

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Can we get rid of the HELOC to dispose of the house prior to divorce?

Regarding the "lien strip" and bankruptcy, you need to consult an experienced bankruptcy attorney. Regarding divorce, If your home is your only appreciable asset division of community property should be fairly straightforward; if you do not have children the only other major issue would be spousal support. As you are getting along "fairly well" you might consider contacting an attorney mediator, who would first be able to help you decide whether you both really want a divorce, and...

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My husband has locked the bank accounts.

As you posted in Sacramento, I assume your "home" is in that county. The Sacramento Bar Association Lawyer Referral Service number is 916.564.6707; their website is http://www.sacbarlawyer.org/index.html You might also contact Attorney Glen Spitzer, who is experienced in military dissolutions.

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Can anyone go to the court house to see who has legal custody of a child?

As the first answer to your query pointed out, the "bottom line" question here is whether the agreement is legal. Any contract has some weight, but if there has been a custody or dissolution case, there likely is a court order -- and that would be binding, until further order. So you are right -- the place to start is at the courthouse, examining the record of the case (if there was one). This would be quite easy -- court records are (mostly) public. if you have the case number, and if...

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Am I legally married?

If you remember getting a blood test and signing "something" you probably did take out a marriage license, which should have been filed in the county in which you were married. You should be able to find that record in the county recorder's office. Even if you have only a vague idea of what part of the state you were in at the time, no more than a few counties would need to be checked. If that fails, you might hire a competent Private Investigator to track down the records. Once you find...

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Trial separation and jointly owned property only the primary residence for the husband. Is this Criminal tresspass? or legal?

As the previous answer indicated, this is not trespass or illegal. But there is something you can do. As you are in marital therapy, it sounds as if you are in a trial separation. If so, you do not want this issue to add to the others you are trying to work through, so you should avoid the heavy hand of the law if possible. If you still see hope of reconciliation, you might bring this up In your next therapy session. Discuss the issue, letting her know why it bothers you to have her...

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My wife inherited money early in our divorce. Now she wants it back with inflation and interest.

The previous answer outlined the inheritance issue -- but both of you should be aware that documentation will be critical, unless the two of you can agree on what happened and what is "fair". If you can't agree, you will have to convince the court with clear evidence, and nothing speaks louder than good documentation. If she put the money in a totally separate account (no commingling with community assets) and can document payments for community expenses, she will have a strong claim to...

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If you have been separated over 20 years in calif, when you do file for divorce, how long before it becomes final to remarry?

In addition to the statutory 6-month waiting period, you must consider how much attention and effort you and your spouse give the dissolution process, and how many disagreements must be worked out, either through negotiation or through the court. A dissolution in six months is not the norm, unfortunately -- but it can be done! If you are cooperative and both parties are willing to compromise and work diligently, all the necessary documents can be submitted to the court well before the 6-month...

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Are the Custodial and Non Custodial parents required to share transportation responsibilities in Ca?

The court can order transportation responsibilities and procedures, but there is no automatic (statutory) requirement that transportation be shared. Your question implies that the CP voluntarily shared transportation before the move, while the two of you lived in some proximity to one another. If one of you unilaterally decided to move away after the parenting and transfer order was made, the other will reasonably argue that the transfer order does not apply to the new circumstances....

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Can a father come over and take the child from the mother?

Until there is a Court order, the "father" cannot force you to let him see the baby, as he cannot legally claim parentage. As you have filed for support in Sacramento courts, it is likely you have gone through DCSS (Dept. of Child Support Services), and have filed a parentage action, which includes custody and support issues. DCSS will first get you though the parentage and temporary support part. If the court finds the "father" to actually be the baby's parent, you will likely go to custody...

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