When requesting a Move-Away Order in Family Court, do you have to send a letter first or can you just file the request for orde?
Nicholas's answer
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Answered on November 01, 2020
First, look at what the current custody orders say. Most permanent custody orders include a provision if a parent wants to change the minor...
Does a prenup overrule a Transmutation ?
Nicholas's answer
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Answered on November 01, 2020
I have to imagine the prenup included provisions for property that changes characterization during marriage. Worst-case scenario, the property...
If I’m not feeling well can I reschedule the visit?
Nicholas's answer
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Answered on November 01, 2020
Strictly speaking, an order is an order and must be followed. In reality, excrement happens like being too sick to transport your child to visit...
My 3 year old girl recently told me that when she is at mommy's house she sleeps with mommy and her boyfriend - what can I do?
Nicholas's answer
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Answered on November 01, 2020
First, that is highly inappropriate for your 3-year-old daughter to sleep with mommy AND her significant other. Also known as co-sleeping, judges...
Archived
In California, If I own stock BEFORE marrying, and then sell that stock AFTER getting married......
Nicholas's answer
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Answered on November 01, 2020
Similar to my answer yesterday, it goes back to tracing - if you're able to trace the proceeds from the sale of your premarital separate property...
Is community property considered until divorce is finalized or when filing separation papers?
Nicholas's answer
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Answered on October 31, 2020
The community estate or marital estate or community property exists from the date of marriage through the date of separation. Date of separation...
How can I separate my personal real estate property from divorce settlement talks?
Nicholas's answer
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Answered on October 31, 2020
1. Parents' Home: If you and wife live(d) in a home purchased by your parents, renovated by your parents, and you're on title before marriage, then...
Archived
If I buy $1,000 in stock BEFORE marrying, and the stock grows in value to $5,000 DURING marriage.........
Nicholas's answer
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Answered on October 31, 2020
Assuming you can trace the premarital stock purchase, zero. It's all yours.
Can you correct a court record or ruling that has factual mistakes in it that were available to the court at the time of ruling?
Nicholas's answer
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Answered on October 28, 2020
Yes. I recommend starting with ordering the reporter's transcript of proceedings from that hearing. I would also get a copy of the Minute Order. ...
Can I file an OSC for Contempt after the judge has ordered the other party to write up a Proposed Order After Hearing?
Nicholas's answer
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Answered on October 28, 2020
Can you? It sounds like it.
Should you? I wouldn't recommend it. Most family law judges don't like contempts as it is, so I would not want...
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