Is the prenup valid? It covers the house, which was purchased a year before the wedding and has a mortgage.
Tobie's answer
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Answered on June 04, 2024
If the circumstances occurred just as you have described them, then no, the pre nup is not likely valid. If the house was purchased prior to the...
Marriage of 10+ years with 2 kids 6yo and 2yo? Husband is cheating, what to expect for separation and divorce?
Tobie's answer
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Answered on June 03, 2024
The lawyer you call will guide you through that initial conversation, ask questions, and get whatever information she needs to tell you what your...
If i have been out of a home i had with my soon to be ex and we have children is that concidered abandonment?
Tobie's answer
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Answered on June 03, 2024
The house was purchased during the marriage and it appears it was purchased prior to your date of separation. The house is community property. He...
Do I need a lawyer for a post-nup?
Tobie's answer
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Answered on June 03, 2024
When I draft postnups, I include early in the agreement a paragraph that states specifically, that the parties are not contemplating divorce or...
What happens to my financial situation in case of divorce?
Tobie's answer
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Answered on June 03, 2024
The home you purchased is community property; not because you put her name on title, but because you purchased it during the marriage. If the down...
What if the father of my child took him from me and won’t give him back ? He’s on the birth certificate but no paternity
Tobie's answer
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Answered on May 29, 2024
File a parentage action and concurrently file a request for order for custody and support. File an ex parte application to get immediate temporary...
Can a default be set aside after filed and defendant signed uncontested
Tobie's answer
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Answered on May 29, 2024
What documents did he sign? That's not clear. Yes, if he can articulate valid reasons to do so, he can ask the court to set aside default. It's...
401k Distributions in a marriage
Tobie's answer
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Answered on May 28, 2024
The division of a 401k is by QDRO. The alternate payee's interest is one-half of the community's interest which is calculated based on...
Can i get 50% of house sale value in divorce?
Tobie's answer
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Answered on May 28, 2024
Your husband gets reimbursed his separate property down payment (assuming it is traceable to a separate property source). The remaining equity...
Do I have to follow up with the court about default divorce?
Tobie's answer
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Answered on May 28, 2024
Yes, you should follow up. You can contact the "judgment clerk" first and see if she/he has any explanation for you for why the judgment has not...