Archived
I want to get a divorce from my wife and she's in jail for domestic violence. How will this affect spousal support?
Donald's answer
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Answered on November 29, 2012
Under Family Code Section 4325, a conviction of domestic violence creates a rebuttable presumption affecting the burden of proof that any award of...
Archived
My husband left the house over 2 months ago and is incommunicado. He shows up sporadically but no one knows where he lives.
Donald's answer
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Answered on November 29, 2012
If you don't have a divorce or legal separation case filed, there are no restraining orders preventing you from traveling with your children. Once...
Archived
If my ex husbands mother (grandmother to my children) have drug charges is that enough to keep her away from my children?
Donald's answer
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Answered on November 29, 2012
You can address the matter to your ex-husband and find out whether he is willing to enter into a Stipulation and Order to be filed with the Court...
Archived
How are attorney fees typically paid, by each parties separately or by the party that is earning?
Donald's answer
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Answered on November 29, 2012
Each party owes attorney's fees based on the number of hours spent by his/her lawyer and the hourly rate set forth in his/her retainer agreement...
Archived
My default judgement has been signed but it hasnt been entered can i still file a dismissal.
Donald's answer
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Answered on November 28, 2012
Please see my prior answer to this question. No harm trying to file a Request for Dismissal, but don't count on it going through.
Archived
Can I file a dismissal if the judge signed the default judgement before the six month wait period
Donald's answer
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Answered on November 28, 2012
You can try to file a Request for Dismissal, but more likely than not, the Judgment has already been entered, which will likely make it too late to...
Archived
Can a family member of mine or friend serve my ex when he pucks up our child in front or on my property??
Donald's answer
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Answered on November 28, 2012
Yes, so long as the server is over 18 years old and completes and signs a Proof of Service for you to file with the Clerk (don't forget to bring an...
Archived
I have a divorce trial in 3 weeks the judge asked me to prepare a statement.
Donald's answer
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Answered on November 28, 2012
I would suspect that the Judge used other words than just "statement" when she asked you to prepare the document. You might call the Judge's clerk...
Archived
Custody evaluation?
Donald's answer
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Answered on November 28, 2012
It has historically been called a 730 custody evaluation.
Archived
I filed Divorce case in Alameda, CA.
Have court date for Jan 2013
Donald's answer
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Answered on November 28, 2012
I also agree with Mr. Garelick's response. Have your process server prepare and sign a Declaration of Due Diligence if he is unable to locate your...
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