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Kelly Chang Rickert

Kelly Rickert’s Answers

90 total


  • No response to divorce petition. Default divorce?

    Kelly’s Answer

    Was he properly served? If so, you must file Proof of Service, and then proceed to file an Entry of Default. Because custody is involved, your county court may require a Default hearing. I would hire an attorney. If you cannot afford one, I would read your local rules, do all the research you can, and utilize the Family Law self-help services that many courts offer.

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  • What the consequences might be if my ex deliberately understate income?

    Kelly’s Answer

    The consequences are that you may be able to file a motion to compel her to provide documents, and request fees for doing such. After you are able to document her true income, you can ask for support and division of property based on the accurate information - AND, you may be able to get attorneys' fees for her lack of cooperation.

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  • I am going through a divorce with someone who is terminally ill I have been told i need to file bifurcation.and i been told not

    Kelly’s Answer

    Bifurcation of what issue? "Bifurcation" means you are separating one issue and asking the Court to first adjudicate that issue.

    Typically, when people say "bifurcate status", they mean asking the Court to Order them divorced (by status), even before the rest of the issues, such as custody, support, and property division have been resolved.

    In your case, unless I am missing something, there doesn't seem to be a need to bifurcate status since your ex-husband is terminally ill. Marriage terminates by death or divorce. If he passes away, you will be divorced by status, so I don't see the need to bifurcate status.

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  • What forms do I need to file with the court for legal separation?

    Kelly’s Answer

    You will need to start a case by filing the Petition for legal separation, AND file an Order to Show Cause for temporary support and attorneys' fees immediately. You are absolutely entitled to spousal support, and since this is a long-term marriage of which you were the supported spouse, the support will continue for a very long time. You may also request the Court order him to pay for the expenses of hiring a lawyer.

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  • In CA, do I need to add my wife on my health care plan during separation? Started a new job and will get insurance n 60 days.

    Kelly’s Answer

    You must add your wife to the plan when the divorce is pending. This is one of the automatic temporary restraining orders that are in place pending judgment. If you do not, and some medical disaster happens, you will be responsible for footing all healthcare costs.

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  • If I currently have a legal separation, but want to get a divorce what do I need to do?

    Kelly’s Answer

    Did your Legal Separation case already reach Judgment? Did you receive the Notice of Entry of Judgment? If not, the case is still open and you may amend it to convert it to a divorce.

    If Judgment has already been entered in your separation case, then you will need to file a new case for Dissolution.

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  • If I am divorsing a spouse, are assets held in a foreign country (in spouses name only) considered in the division of property?

    Kelly’s Answer

    It will depend on the law in NC. In California, all property and debts acquired before the marriage and after date of separation is separate property.

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  • How long it takes from filing bifurcation to the court grant the application in Los Angeles court?

    Kelly’s Answer

    What issue are you attempting to bifurcate? "Bifurcation" means you are separating one issue from the rest of the divorce and trying it first. For example, you may bifurcate the issue of date of separation. You may bifurcation the issue of marital status.

    Usually, when people say "bifurcate", it's on the issue of marital status. So, you are asking the Court to grant you a divorce, even if the other issues in the case (custody, support, property division) aren't resolved. For bifurcated status, you will need to undergo the requisite waiting period of 6 months. It should be granted on the date of the Motion.

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  • Divorce Question

    Kelly’s Answer

    Did the Order specify a place for dropoff of the children? It needs to. You can file an OSC to modify and ask the court to clarify.

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  • Since my spouse was inproperly served divorce papers can I have drive my sister over and let her serve him?

    Kelly’s Answer

    Anyone who is over the age of 18, who isn't a party to the action (so not you and not him), can serve the papers. So yes, your sister may do this. And if he won't take them, just leave them at his feet. People who avoid service are rotten.

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