Archived
I have been separated from my wife for more than 31 years, is she still entitled to half my retirement?
Margaret's answer
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Answered on August 28, 2012
Retirement earned after the date of separation is separate property. You will need to ask the court to determine your separation date at your next...
Archived
Annulment and immigration.
Margaret's answer
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Answered on August 28, 2012
It sounds like a default Judgment was entered against you. If so, you can have the Judgment set aside and dispute her allegation.
It is...
Archived
Would it be advisable to file criminal charges against my spouse assault nearly 2 years after the fact?
Margaret's answer
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Answered on August 28, 2012
Criminal charges is up to the DAs office.
However, under CA Fam. Code Section 4320(i) the court should consider documented evidence of...
Archived
I am currently going through a divorce and also suing my wife to collect on a large loan I made to her before we were married.
Margaret's answer
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Answered on August 28, 2012
I would recommend that you get a second opinion. If you want a jury trial on the loan then you should keep the two issues separate. However, if...
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Archived
How does a divorce settlement using an escrow company to handle the exchange of the documents and the cashiers check work?
Margaret's answer
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Answered on August 28, 2012
It works much like the sale of a house. The escrow company ensures that all the necessary documents as defined by the Judgment or Settlement...
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Archived
I cant find my husband....
Margaret's answer
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Answered on August 28, 2012
This is actually not that unusual l of a problem. If you are unable to find your ex-husband all you need to do is file an Application for Request...
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Married for 21 yrs. do i have to give my wife any money?
Margaret's answer
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Answered on August 28, 2012
California is a no fault state. As a result the Judge will not care that she cheated on you or if you cheated on her. Spousal support is...
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My husband left a month ago after 3 1/2 years of marriage. Left me with ALL the bills. What is he liable for? What can I do?
Margaret's answer
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Answered on August 28, 2012
You can either file for Legal Separation or Divorce (depends what your goals are). At that same time you would want to go in Ex Parte and ask the...
Archived
Divorce-Paid off my $80,000 student loan using house refinance money 6yr ago. DH attorney says I owe $80,000 cuz student loan
Margaret's answer
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Answered on August 28, 2012
Generally speaking student loans are separate property debts. As a result if community property funds are used to pay those debts then educated...
Archived
Entering into a settlement agreement Re: Divorce with my husband, support for 24 mo @ $1,500 per mo. Can he change this once en
Margaret's answer
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Answered on August 28, 2012
The best way to protect yourself is to make the agreement non-modifiable. Unfortunately, this is a dual edge sword. If he can't modify it, you...
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