Archived
Should I sign a waiver of service on the Petition for Dissolution of Marriage when we have a yr old son involved?
Kelly's answer
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Answered on August 22, 2010
The waiver is simply acknowledgement that you received the papers. The whole concept of due process usually mandates that the first papers in any...
Archived
Can I get a divorce without settling financial issues?
Kelly's answer
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Answered on August 21, 2010
Yes, pursuant to Family Code 2337, you can request a bifurcation on status.
Archived
Can I change the locks on my house?
Kelly's answer
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Answered on August 21, 2010
If there are no court orders, and both of you are on the title, you can certainly change the locks. However, he can certainly change them right...
My wife took off with my kids. What can I do to get them back?
Kelly's answer
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Answered on August 21, 2010
You need to file a divorce immediately and get her served, and go in ex parte for temporary custody orders, alleging irreparable harm and flight...
Archived
Divorce issues?
Kelly's answer
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Answered on August 21, 2010
I recommend reading articles regarding what to do before Divorce. I have written one which can be found on this website.
If there are children...
Archived
Can I protect myself from being served for a deposition?
Kelly's answer
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Answered on August 21, 2010
No. You cannot escape it. You are involved with him and he is part of the divorce case. There may be certain questions re: property division...
Archived
Can I protect myself from being served for a deposition?
Kelly's answer
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Answered on August 21, 2010
No. You cannot escape it. You are involved with him and he is part of the divorce case. There may be certain questions re: property division...
Can a Default Judgment against my wife for divorce be appealed and overturned?
Kelly's answer
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Answered on August 21, 2010
She can file a motion to set aside the default. There are certain time limits. Court do not like defaults - it goes against the whole motion of...
Archived
Are text messages that contain abusive language, threatening, and sexual advances illegal while going through a divorce?
Kelly's answer
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Answered on August 21, 2010
What you describe appears to be sufficient grounds for obtaining a restraining order. In most states, a valid restraining order would be linked to...
Archived
Characterization of property
Kelly's answer
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Answered on August 21, 2010
That depends.
Generally, a quitclaim deed ALONE, isn't sufficient for transmutation without a separate valid statement (per Family Code...
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