Donald Andrew Hansen’s Answers

Donald Andrew Hansen

Roseville Divorce / Separation Lawyer.

Contributor Level 11
  1. I'm looking for assistance in obtaining information from a Family Court file in Sacramento. The file is ready for review now.

    Answered about 2 years ago.

    1. Donald Andrew Hansen
    2. Oscar Ernesto Toscano
    3. Hillary Johns
    3 lawyer answers

    There are many court runners in Sacramento who can copy the court case file for you. One such is Troy Losey: (916) 606-8959. Don Hansen

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  2. Divorce was final in Dec. 2011. Judge's order was for both parties to remove ex wife from financial responsibility of the mortg

    Answered about 1 year ago.

    1. Donald Andrew Hansen
    2. Edna Carroll Straus
    3. Robert Andrew Michael Burns
    4. Stephen Ross Cohen
    4 lawyer answers

    The facts you present offer no evidence that you complied with the court order to remove your ex from financial responsibility for the home. A quit claim deed only transfers title. If she is still obligated to the lender, your default will impact her credit rating and expose her assets to collection by the lender. Have you presented all relevant facts?

    4 lawyers agreed with this answer

  3. Its been 30 days from filing a divorce. I haven't been served his response nor do i know if he responded. Can I file a default?

    Answered over 1 year ago.

    1. Donald Andrew Hansen
    2. Cathleen Elisabeth Norton
    3. Michael Christian Peterson
    4. Joseph Daniel Raskin
    4 lawyer answers

    Yes, he is required to serve you with his Response within 30 days of being served (not 30 days from your filing), and if he has not filed and served the Response within the 30-day period you are allowed to file a default. However, he is allowed to serve you with his Response by mail, and the law allows an extra five days for delivery. So if 35 days have passed, and your Proof of Service of Summons has been properly filed, you do have the right to file for default. However, prudence would...

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  4. Do i base it off of marraige or when we separated

    Answered over 1 year ago.

    1. Donald Andrew Hansen
    2. John Naumovski
    2 lawyer answers

    You apparently are familiar with the "rule of thumb" that spousal support in a short-term marriage such as yours should be awarded for only half the length of the marriage. The court is not required to follow this convention, however, and will look to the full array of Family Code 4320 factors when determining the length and amount of support. The length of marriage will be a factor in any event, and as your mediators must have told you, that length is determined by (1) date of marriage and...

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  5. Will the judge make me pay more spousal support just because I got a post-separation raise? My ex keeps asking for increase.

    Answered over 1 year ago.

    1. Donald Andrew Hansen
    2. Stephen Douglas Gardella
    3. Martha Bronson
    3 lawyer answers

    It appears you will have to consult with an attorney to get the information/advice you need. The information provided opens a bevy of questions. First, is the current order pendente lite (temporary)? If you are still in the process of divorce, it is likely "temporary", and the court is allowed (but not required) to use the guideline formula, which will be based primarily on each of your current incomes. If there has been a final judgment, including spousal support order, the court is...

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  6. Can I represent myself in court for child and spousal support, even though I have a lawyer.

    Answered about 1 year ago.

    1. Erin Patricia Farley
    2. Elizabeth Jones
    3. Donald Andrew Hansen
    3 lawyer answers

    Your lawyer may have sound reasons to advise against a request for modification of support, but it is his/her obligation to help you understand those reasons. If you do not agree with your lawyer, you should instruct him/her to either file as you request, or substitute out so you can file yourself or find another more receptive lawyer. Clients should recognize that both they and their attorney have rights and obligations (which, hopefully, are spelled out in their agreement for services)....

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

    Answered over 3 years ago.

    1. Donald Andrew Hansen
    2. C. Logan McKechnie
    2 lawyer answers

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

    Answered about 4 years ago.

    1. Donald Andrew Hansen
    2. Zephyr Savoy Hill
    2 lawyer answers

    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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  9. My husband has locked the bank accounts.

    Answered about 4 years ago.

    1. Donald Andrew Hansen
    2. Zephyr Savoy Hill
    3. David Alexander Browde
    4. J. Richard Kulerski
    4 lawyer answers

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

    Answered over 3 years ago.

    1. Donald Andrew Hansen
    2. Edna Carroll Straus
    2 lawyer answers

    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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