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Bernadette Maxine Marcy

Bernadette Marcy’s Answers

81 total


  • Working out Divorce and Custody

    Can I call my husband in the middle of a divorce and custody to try to work things out in regards to custody? I have an attorney and he has one too. I live in CA he lives in Illinois. His attorney filed a petition to return my minor child to IL.

    Bernadette’s Answer

    Yes, you always have the opportunity to speak to your husband to attempt a resolution of your issues even if he is represented and you are represented as well, in fact it is encourages by the courts that the parties attempt to work out their issues to prevent having to fight it out in court.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

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  • Does the Judgement FL-180 with no attachments need to be signed and where?

    This is a default divorce. We have no children or property to be disposed of.

    Bernadette’s Answer

    You do not sign the form itself, but you will sign any agreement that you attach to the judgment form, all parties will sign if there is an agreement, andi if you have an attorney, they will review and sign the agreement as well.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • When do I have to serve my responsive declaration?

    I have mediation next week, but my court date isn't until the end of May. When do I have to file my papers and serve my responsive declaration?

    Bernadette’s Answer

    Typically, you should serve your responsive papers 9 court days prior to the hearing. This would include a responsive declaration and an income and expense declararation if required. You will need to also serve the other side by mail with your response and prepare a proof of service which you will also file with the court.

    To count the court days use this calendar http://www.lasuperiorcourt.org/CourtDateCalculator/

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • What if I got married in NJ and wife wants a divorce in LA?

    We got married in 2004 in NJ and lived in California for about 8 yrs now. Now my wife wants a divorce, but have filed in Los Angeles- Is this right? Do we divorce in NJ law or California law?

    Bernadette’s Answer

    She can file in California if she meets the residency requirements- 6 months in California and 3 months in county. She filed first and you were served, the Los Angeles court will have jurisdiction of the case. (it does not matter which state you were married) You need to reply to the divorce within 30 days of being served, or she can proceed by default without your participation. I would speak to an attorney if you have a number of issues to settle, if this is a "simple" divorce you and your wife can settle your issues and enter a judgment for dissolution of marriage.
    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • My husband filed for divorce and I responded. It has been around a month and I haven't recieved a Declaration of Disclosure.

    I filled out my Declaration of Disclosure and the papers that gp with it and mailed them and filed the proof of service at the courthouse.My question is...Isn't my husband supposed to send me the paperwork ? This seems backward to me because he's ...

    Bernadette’s Answer

    • Selected as best answer

    Both parties are required by law to complete their disclosures. If he has not complied, you can serve a DEMAND FOR SERVICE OF PRELIMINARY DECLARATION OF DISCLOSURE, PURSUANT TO FAMILY CODE SECTION § 2107, which will give him 30 days to provide the forms and if he does not you can proceed with a motion to compel and ask for sanctions, an attorney can prepare this for you.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • What is the best way to go about sending a request for payroll records from my spouses employment in a contested divorce?

    I have received her PDD, Form Interrogatories, and W-2 from one position. I believe there is a second position at a University that I wanted to verify. She has been uncooperative and will not provide. Could I send a request or subpeona for product...

    Bernadette’s Answer

    Yes. You may subpoena those records. You have an open case. You have to use the appropriate forms, personally serve the subpoena if required, provide 10 days notice for her to object and then 20 days for the business to provide the documents, you are responsible for any copy fees incurred by the business being subpoenaed, if the business doesn’t comply they can be subject to contempt of court. You can hire an attorney to prepare the subpoena for you on a limited scope basis or for a flat fee.
    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • Motion for Mediation or Actions to Limit Paying Spouses Attorney's Bills

    I am in a highly contested divorce for a case without assets. My wife hired a $500 an hour attorney to rack up fees for her and he has been threatening that I will be stuck with the bill. I had a good attorney, but ran out of funds to continue so ...

    Bernadette’s Answer

    You may be responsible for her fees. You need to propose settlement in writing to her attorney then give them a deadline to respond, you should speak to an attorney and see if you can hire them on a limited scope to prepare the settlement proposal for you. You should be able to settle this case if there are no assets, you may have issues re support, but child support is what it is depending on income and time spent with kids, spousal support is another thing, but not impossible to settle. A mandatory settlement conference is set by the court to have the parties settle issues before trial when all else fails, but this is no guarantee.
    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.
    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • I need to file divorce but my x-wife-continues to make threats towards my family? she tried to attack my mom (elderly)

    she's pregnant with another man's child. we tried contact cps but they were no help. my daughter has special needs. i just found out she whips my 18month old. along with the other kids, 6 and 4. she constantly verbally abuses them. although the ...

    Bernadette’s Answer

    This appears to be a very serious situation with your ex and your family. You need protection and you have options, you need to speak to an attorney and most importantly the police. CPS will most likely investigate the allegatiopns of abuse to the children, but you should follow up with them. I will assume you do not have any court orders for custody/visitation, you should hire an attorney to obtain these in court.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • Petitioner did not respond 14 days before, to my Notice of Motion. Can Petitioner address the court, when we go to court, next?

    Thank You

    Bernadette’s Answer

    The court may allow it, however, you can file a pleading known as Notice of non-opposition with the court- you would have to prepare this on pleading paper, but this provides the court with notice that no response was received and that you request the court ignore their argument in court for opposition to the motion- it depends on the judge. They have 9 court days to respond- hopefully you served them properly as well with notice of the motion and a responsive declaration- blank.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question 
  • How do I divorce if she is in mexico and I'm here in ca fairfield

    How do I divorce if she's in mexico and I'm here in fairfield ca we have been seperated for 2years

    Bernadette’s Answer

    You can file for dissolution of marriage in your county, but you will have to serve her with the documents or attempt service and show to the court why you cannot serve her if this is an issue.

    Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.

    http://www.facebook.com/pages/Irvine-CA/Axelrod-Associates-Inc/114299667318
    http://www.youtube.com/watch?v=Fvm9UzTzEvc
    www.ocdivorceteam.com

    See question