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Dana Erin Morse

Dana Morse’s Answers

5 total

  • Is it possible for the judge to grant RFO for spousal support on the day of hearing but decide the amount on a different date ?

    Dana’s Answer

    Judges have broad discretion on nearly all aspects of family law matters, however, it would be very unusual for a Judge to grant a request for spousal support without the necessary financial data to support the ruling. Keep in mind that even though discovery responses are due after the hearing date, your spouse should include the financial data with his / her Opposition to the RFO. If there is some legitimate reason your spouse may not be able to have that data ready in time, it will save you time (and attorney fees if you are using an attorney) to simply agree with your spouse to continue the hearing until a date after the discovery responses are due. Then, when you appear in court you should be able to have the issue resolved. If the judge awards spousal support at the hearing, it will be retroactive to the date you filed the RFO.

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  • My 16 year old refuses to go to her fathers house, if she doesn’t go can he take me to court

    Dana’s Answer

    Your child's father can take you to court for no reason. The more important question is "will he prevail?" Here, you have not included the information as to whether or not your daughter was ordered to spend spring break with her father. Without knowing more about your situation, I would simply advise you that the court will give a lot of deference to the wishes of a 16-year-old.

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  • Is it legal for my EX to show our child the fighting texts between him and me ?

    Dana’s Answer

    Judges will often admonish the parties not to disparage each other in their Orders, however, it is not "illegal" per se for your ex to show your son the texts. That said, is definitely not in the best interests of your child for him to see you disparage his father in any form. The courts do not look kindly on this and it serves no purpose other than to alienate someone who will be in your life forever (as presumably you will share grandchildren one day).

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  • Can I have sexual relationship with 17 years old when I am 19 years old.

    Dana’s Answer

    No; you may not legally engage in intercourse with anyone under the age of 18 in California as California's Age of Consent is 18 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 17 or younger in California are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

    California statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 18 who is not their spouse. Punishments vary depending on the respective ages of both victim and offender.

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  • Is my marriage valid if my husband just got a divorce in Mexico?

    Dana’s Answer

    Unfortunately, if your husband was not legally divorced when he married you, then your marriage is not valid. A "marriage" entered into while one party is still married is void and often referred to as bigamy. Please contact a licensed attorney in your state to discuss the legal ramifications of shared property and investments you have had together during the years you believed your marriage was valid.

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