Archived
Can I refinance / sell community asset to pay community debt without breaching fiduciary duty under Fam Code 1101?
Tobie's answer
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Answered on September 14, 2018
While your divorce is pending, both parties are subject to certain restraining orders that are listed on the Summons filed and served with the...
Archived
Can I file for divorce in CA?
Tobie's answer
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Answered on September 13, 2018
If you meet the residency requirements, you can file in California. It doesn’t matter where you got married.
Archived
Plaintiff filed a Med Mal complaint 2 yrs ago, but mistakenly put Attempted Murder as a COA, can Notice of Errata cure it?
Tobie's answer
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Answered on September 12, 2018
You can simply file a request for dismissal as to that cause of action. If defendants have been served and “refuse” to answer, file a request for...
Archived
Does she have rights?
Tobie's answer
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Answered on September 12, 2018
Who's "that woman"? What is her relationship to you and to the child? How old is the child? Were you and "that woman" living together when you...
Archived
What percentage will I receive of custody?
Tobie's answer
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Answered on September 12, 2018
Please don't expect anyone here on AVVO to predict the outcome of your case. The policy of this state is frequent and continuing contact with both...
Archived
Re-enter permit?
Tobie's answer
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Answered on September 12, 2018
I've changed your practice area for this question from Medical Malpractice to Immigration.
Archived
Is it true that the custodial parent having Full custody , will possibly have to pay the non-custodial if makes more money?
Tobie's answer
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Answered on September 12, 2018
Several different factors go into the calculation for child support. Factors include (but are not limited to) the respective parties' income,...
Archived
Divorce bifurcation- my ex didn't serve me correctly. Will it get dismissed?
Tobie's answer
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Answered on September 11, 2018
It is not an issue of proper or improper service. A motion to bifurcate cannot be granted if the PDDs have not been exchanged and the Declaration...
Archived
Will court reject FL-141 if I forgot to check on the preliminary box on the very top, but I check on 2. Petitioner preliminary?
Tobie's answer
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Answered on September 10, 2018
Just fix it and file an amended form.
Archived
My girlfriend and I are likely going to split. We have an 8 mo. old baby together. Does she have any claim to my assets?
Tobie's answer
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Answered on September 10, 2018
Your assets and financial wealth as well as your debts and obligations are relevant to child support. There would be no division of assets with...