Archived
If I take a jointly owned car with me across the country, and if my ex decides to file to get it back, do I have to pay for it?
Donald's answer
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Answered on May 29, 2012
Your question implies that there is already a pending divorce case in California that is temporarily "on hold". If that is the case, the reverse...
Archived
For CALIF. ATTORNEY: Must Insurance Co. Pay named Policy Beneficiary or ex-wife under Marital Settlement Agreement?
Donald's answer
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Answered on May 29, 2012
I believe that the insurance company has no choice but to honor the change of beneficiary made by its insured. The insurance company was not a...
Archived
Do I have any rights to our home my husband purchased before we were married and my name is not on the deed or loan??
Donald's answer
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Answered on May 28, 2012
Make sure that your mother doesn't sign her interest in the home over to your husband. You likely have at least a Moore/Marsden interest in the...
What is the difference between a Marital Settlement agreement and a Stipulated Judgment
Donald's answer
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Answered on May 28, 2012
So long as the operative terms of the Stipulated Judgment are the settlement terms that the parties agreed to, your attorney's preparing a...
Archived
Can anyone order a court transcript for a dissolution case?
Donald's answer
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Answered on May 28, 2012
The reporter prepares only one original transcript, which is normally provided to the ordering party's attorney, along with a certified copy. I...
Archived
When property division is not decided yet, is it ok to file FL-130. is it necessary for getting single status?
Donald's answer
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Answered on May 26, 2012
The FL-130 Appearance, Stipulations, and Waivers form is used when the parties have agreed to a settlement of the case. It is not a document to...
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Archived
Could I change the venue of a family law case to another county if my X husbands father works at the courthouse?
Donald's answer
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Answered on May 26, 2012
You have set forth good reasons for seeking a change of venue. You should retain an experienced Family Law Attorney to represent you and file a...
Archived
Assets and liabilities with a house, 275,000 underwater.
Donald's answer
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Answered on May 26, 2012
If you fight to keep the 401K, it will likely be an expensive divorce with an uncertain outcome. Your spouse could ask that the house be awarded...
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Archived
Does medical debt over $6,000 count as community obligation when filing for a summary dissolution?
Donald's answer
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Answered on May 26, 2012
Medical debt incurred by a party (or by the parties) during the marriage comprises a community obligation. Since the medical debt that you refer...
Archived
In family law, can a party waive their right to come back to court to modify?
Donald's answer
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Answered on May 25, 2012
It is unlikely that the Court would honor such a waiver. Such a waiver would be against public policy - what would happen if an emergency arose...
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