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Atousa Saei
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Atousa Saei’s Answers

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  • I left the family home 6 weeks ago how can I go back. we are on the 1st step of divorce.

    my husband kick me out of the house 6 weeks ago I took all mines and my son personal stuff but I haven't been able to find a place to live. My husband refuses me to go back home and he change the locks. How can I go back home until the divorce it...

    Atousa’s Answer

    I agree with what the other attorneys have stated. If there is domestic violence, be sure to protect yourself by contacting law enforcement should any threats to your safety occur.

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  • How to divorce someone while they are in county jail ? how long does he have to wait to be remarried ?

    My daughters father is still legally married him and his wife have been separated for almost five years he is currently in jail and she has recently had a new baby by her new man they both want to get a divorce so they can re marry she says she ca...

    Atousa’s Answer

    They can file. Have him served (Notice of Acknowledgment would be best). Wait 30 days. File for Default. Be divorced in 6 months and free to remarry. An attorney is the way to go if they want to get this done quickly, as trying to do it on their own can complicate matters and make them take far longer than 6 months. Our offices can help if you are interested.

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  • I just petitioned for a divorce. If my husband becomes disabled or sick, am I responsible financially for him while divorcing?

    We have been separated since February 2014. I have a case number from the court. We are both working. Not speaking alimony. No children. He has history of having seizures.

    Atousa’s Answer

    If you are concerned that your husband may become disabled or stop working during the dissolution, you should hire an attorney and move the divorce along as quickly as possible. You run the risk of him becoming sick and not working. This could result in you paying alimony, potentially life long if you were married over 10 years, as well as contributing to his attorney fees and costs, since you will be the party with higher income. In a case such as yours, it is important to swiftly enter into a settlement. You should seek the assistance of counsel to get the process moving and judgment entered.

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  • Is it possible to get sole legal custody of my son with out affecting child support order?

    His father hasn't been involved in his child's life for about 3yrs. Our son has lived with me since the day he was born, his dad would see him every now and then; but after he got engaged he stopped showing up. Our son has his medical insurance th...

    Atousa’s Answer

    You can get sole legal custody and not waive your child's right to support from his father. In fact, a modification in custody may result in an increase in child support if the previous support order was based upon the father having visitation with his son. You would have to request 1. That you be awarded sole legal custody due to your son's father being an absent father. 2. That custody, visitation & support be adjusted to reflect how much time he is really spending with his son (none). Or you can leave support alone and only ask for a sole legal and physical custody. An attorney can help you properly prepare the pleadings and paperwork for Court. Wish you the best of luck.

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  • If I get a signed affidavit for a restraining order, do I still need a lawyer?

    I was served with a restraining order and a friend suggested I sign an affidavit and get it notarized, saying I won't bring a lawyer if the other party does the same and drops the case. That way we can resolve it amicably without lawyers. Is this ...

    Atousa’s Answer

    The other attorneys are correct, lawyers are not the problem here, the problem is this person got a restraining order against you. You are to stay away from that person. You have a Court date. If the person that got the restraining order against you wants to go to the courthouse and drop it, they can do that. If they do that, obviously neither of you will need lawyers because there will be no case to show up to-which means you do not need any affidavit to sign or get notarized. If they do not drop the restraining order (and show you proof of he dismissal) you should go to the hearing with a lawyer as this is a serious matter. Good Luck! And only take legal advise from lawyers, not your friend.

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  • I divorced in March 2013. He kept the house and agreed to pay $ 15,000. I have received nothing. How do I get him to pay?

    My ex is self employed and claims to make no money. I know otherwise. What or how do I prove that he has money and could pay me.

    Atousa’s Answer

    As the other attorneys indicated, there are numerous remedies available to you. Sometimes, all it takes is a threatening letter to remind the other side that the law is on your side. Contempt proceedings are also an option. I suggest you contact an attorney to at least draft a letter for you, so that you can test out the waters and see if your ex will be cooperative. Good Luck!

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  • Need a Divorce in California but currently living abroad. What are my options?

    I am a U.S citizen living in Egypt now and my estranged husband is living in Los Angeles. I lived with him for 1 year and have been separated from him for 3 years and I have asked him to file for divorce but he is waiting to get his Green Card fir...

    Atousa’s Answer

    You can definitely file for divorce while Abroad. In fact, many of my clients live abroad and we litigate matters on their behalf in Los Angeles. With the help of technology, everything can be done electronically for the most part. We also have strong ties with immigration attorneys that can help with any issues related to the green card. Your husband cannot stop you from seeking a divorce. Based on my experience with clients living in Egypt, I firmly advise against filing in Egypt, as you undoubtedly have more rights in California. It would be helpful if you have your husband's address and/or contact information so to have him served. However, even if you do not, there are other options regarding service available, such as service by publication. Lastly, you do not need to give anyone power of attorney, as signatures received from you electronically will be sufficient.

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  • Can I get majority custody of my kids? Can my husband used my attending therapy for depression against me?

    I've been married 17 yrs, together for 25 yrs total. 2 months ago my husband asked for divorce, but he didn't want to move out. I was devastated and depressed, now I'm in therapy for depression. Then he said he doesn't want a divorce and wants to ...

    Atousa’s Answer

    This is not Ok - Do not believe everything he is telling you. There is nothing wrong with getting help, especially when you are facing a divorce. Something would be wrong with you if after 25 years you were not upset that you and your husband might be parting ways. You need to speak to an attorney so you can be guided and supported through this. As far as custody goes, it is very fact specific, however I can assure you that being in therapy for depression alone is no basis to lose custody. Feel free to call me directly to set up a consultation or have a quick chat on the phone.

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  • How long do you need to wait to go back to court to change custody or report violations about other parent

    mother is bring child late. Taking her out of state without telling father. bringing boyfriend with her to start fights with father. Now shierff dept makes father pick up child at a designated location in other city and pay for the services . Wha...

    Atousa’s Answer

    If you are having severe issues such as those described you should file and bring it to the Court's attention immediately. Violations of Court Orders are violations. You should consult with an attorney as well so your case is properly presented to the Court.

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  • Hello- I'm currently in the process of getting a divorced.

    I filed for Divorce in January, 2014. We came up with a mutual agreement on Child Custody, Child Support and agreed to no alimony. In our agreement that was approved by the Judge, the mobile home that we own was supposed to be sold by April 1, 201...

    Atousa’s Answer

    You should file an Ex-Parte and you should ask for fees/sanctions for having to do so. You should also consult with an attorney in preparation of that Ex-Parte application so that you please properly and present your case properly.

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