Sacramento Divorce / Separation Lawyer.
If a QDRO was prepared, signed by the parties and their attorneys, submitted to court for filing, and then served on the Plan Administrator, your portion of his retirement (and it REALLY depends on what kind of "retirement" he had) then the Plan Administrator should have already divided your portion into a separate account. The Plan Administrator should have sent you a form requesting your personal information, and allowing you to indicate another tax-qualified account to roll-over your portion...
Ms. Jett is correct. If you filed a Petition for legal Separation, and he files a Response that requests a dissolution of marriage, then the proceeding will be a dissolution. In other words, you cannot prevent him from requesting a dissolution. If you have not already done so, and I don't know the nature of your marital problems, you may want to talk to him about marital counseling or even mediation as a means of determining whether your marriage is salvageable. But if one party firmly...
Actually, Mr. Hanson's response re Family Code section 271 provides for an award of attorney fees from one party to the other for conduct that frustrates the promotion of settlement of litigation. It does not relate to him spending community funds on a girlfriend. If your husband was using community funds (earned during marriage and not received by gift or inheritance) to spend on his girlfriend, you have the right to reimbursement in a dissolution of marriage or legal separation. I am not...
You don't say what foreign country you were married in, but if your spouse divorced you in that country, U.S. records would not reflect the divorce. It sounds like you "registered" your foreign marriage with the U.S. Embassy, but that does not mean a subsequent divorce would be registered as well. Typically, a foreign marriage is registered with the U.S. Embassy in order to support an application for resident alien status for the foreign spouse. If the foreign country in which you were...
I assume you mean that you each filed a Summons and Petition for either dissolution of marriage or legal separation, and a request for custody of children. It doesn't really matter who filed first, the controlling issue is who was served first. However, in custody matters, often the venue (county where the divorce and custody issues will be heard) can be transferred based on various factors. For instance, if the two of you resided in Santa Clara during the entire marriage, all of the child'...
Under Family Code section 4062, child care expenses are considered additional child support. As to how the cost of child care is allocated, the Legislature in California has given courts the discretion whether to apportion the cost of child care according to the parties' respective incomes, or whether the amount should be shared equally. In my experience, most courts will order child care expenses split 50/50 unless there is a significant disparity in the parties' incomes. Also note, the court...
