I have filled all papers to the court and it has been 70 days my spouse has not replied. Does she have a time frame to reply? What would be my next step?
Under California law, a Respondent has 30 days to file a response (if served by personal service), from the date of that personal service. Once she has filed her response, she has 60 days to serve and file her preliminary declaration of disclosure.
It is not clear if you have already served her, or if that service was personal. If she has not responded, you can proceed by default, in which case she would not be filing her preliminary declaration of disclosure.
I hope this information is helpful to you.See question
His lawyer wants spouse to sign a release even though wasn't included in loan
I've moved your question to divorce category - you will likely get more replies this way, since it is much more a division of debts subject to divorce question.
Any debts incurred after date of separation (when one party communicates to the other s/he wants out of the marriage - subjective and objective test) are the separate property of the spouse who incurred the debt. Arguably, since the divorce was filed before the loan, it's separate property. Were there loan documents or a promissory note or something signed? If so, who signed it? If you both signed it, then the creditor can go after both of you. As far as how a court would treat the debt in a divorce, it would be separate property unless you can prove that it was for your spouse's benefit (pay down his/her car, for example) or that s/he, in some legal way, committed to pay 50% of the debt.
I hope this is helpful to you. Best of luck.See question
I've already had my trial and both I and the respondent agree to the terms of the divorce. The case is filed in Los Angeles, CA. I am in Colorado and the respondent in California. She appeared in person, I on the phone. She agreed to prepare t...
Many lawyers offer unbundled services - you can hire an experienced lawyer for the limited purpose of preparing the necessary judgment documents. I have met with a number of couples who tried to file on their own, only to have their judgment rejected multiple times and, finally, out of desperation, they ask for legal help from a lawyer. Often, by then, over 6+ months have passed and their financial disclosures have to be updated and refiled, their judgment has to be updated, there may be default and notarization issues that arise, there may be issues of proper service, and even issues that require amending the petition/response documents, and it becomes more expensive to "clean up" the errors previously made.
It is great that you are both in agreement. And, as they say, the devil is in the details. It would be a wise and, likely, nominal investment to secure a lawyer to assist you in bringing this to a close.
Best of luck to you both.See question
We were each represented by separate attorneys in 2014, and we both ended up firing them in 2015, prior to the post nup being signed and notarized because of numerous delays and "padding" their hours (Can't reach the other attorney? Charge the cli...
My colleagues are correct - you both want to make sure that this document will hold up in court AND that it accurately captures your intentions today. Why not have his attorney sign only as to form, have him prepare a notice that confirms his client is signing the prenup against his legal advice, identify the areas of concern and that he has been fully consulted on those areas, and be done with it? It's a liability risk to the lawyer... WITHOUT such a written advisement and waiver.
I hope this helps bridge this gap for you both.See question
I'm a domestic violent victim. My husband hit me on 07/14/2016. I called the police on him but unfortunately, they didn't arrested because they didn't find any enough evidence of struggle. I got a restraining order on him and my two children. I'm ...
My colleagues are correct. The restraining order in and of itself will not be enough. You do have other items that should be addressed, though. If he is working below his potential, a court has discretion to reduce or deny support. This sometimes requires a vocation evaluation of the spouse requesting support. Often, the court will impute an income to the no/lower income earner, meaning they will apply a certain wage (sometimes minimum, sometimes other) to the no/lower income earner. In setting a temporary support, the court could order some level of support, but it would be temporary pending more information as to earning ability. For the final order ("permanent"), the court will consider health, age, history during the marriage, ability to earn, ability to pay, education, etc. (See Family Code Sec. 4320).
You should consult legal counsel who can best analyze your situation and advise you accordingly.See question
If someone purchases a used phone (for personal use) after marriage. Is that phone community property? and if it is, how does the court divide it? does it go by the purchase price or the market value? and finally, the phone would probably have p...
Any assets purchased during marriage or with funds earned during marriage, unless they are separate, are community property. Separate property are any assets acquired before marriage, after date of separation, or as inheritance or gift (at any time).
If the phone was purchase before you married, it would likely be separate property. If one spouse took the phone, the court could order that spouse to reimburse the owner spouse 50% of the current fair market value, or turn the phone back over to the owner spouse, and/or order the contents (photos, contacts) be copied and transferred to the owner spouse.
Most courts do not like to entertain what they deem to be minor challenges. So you should expect the court to express some frustration with your request, or to simply not consider it. You would have to prove not only that your spouse took the phone, but also the current fair market value of the phone. Most phones have the ability to sync with your computer - did you back up your photos and contacts? This gets you back some of what you want, even though it doesn't prevent him from continued access to both.
I hope this is helpful to you. Best of luck.See question
My husband has informed me he is removing my belongings from one of the two homes we own. Neither of us has been denied access or granted exclusive use to either home. We both have belongings in both of the homes. I asked him not to remove my belo...
If you have not already filed for divorce, he is free to do what he wants. Once you file the divorce, and serve him, page 2 of the summons has some standard temporary restraining orders that will result in court imposed penalties if violated. You can file a request for orders at the same time you file your petition, but depending on the court's availability and how quickly you can get him served, it may take over a month to get to that hearing. In the mean time, I would strongly encourage you to go to the other property, record (on video and in writing) all items located in the home. Take what is of greater importance to you, document what you have taken, and disclose it to him. This way he is kept informed, you have a visual of the condition of the item when you took and the condition of the property after you left. You also avoid losing items later on and facing the struggle of PROVING what was taken or locating where it may be. A judgment that he has to give something back to you isn't worth the paper it's written on if he SWEARS it wasn't there in the first place or he gives it back to you damaged. Start reducing your future regrets. It's not FAIR, it's not right, but it is your current reality. It's great if the law is completely on your side later on. The reality is that the item may be lost forever. That's a very hollow satisfaction to being right.
I hope this is helpful to you. Best of luck to you.See question
My ex husband said he will take me to court if I won't allow him to see my child. i told him before he needs to file legal adoption first before he can sign on his birth certificate but he said nobody will know anyway. He's suffering from depressi...
This is more a divorce question, than an adoption related issue. I have moved your question to divorce so that you get more appropriate replies.
This information is general in nature. You should consult a lawyer to review the details of your individual case.
If he is on the birth certificate, this is a very strong factor that the court will treat him as the father. In addition, if he was involved in your son's life as his father, and is the only such person, the court will deem him the father, even if it is proven (DNA) that he is not the biological father. If there is no other parent challenging your ex, it is likely that he would be deemed the "presumed father". If the child was born while you were married to your ex, the court will very likely determine that he is the presumed father and grant him all parental rights.
It is likely this is not the answer you were looking for. If there is a risk or danger to your son, you will want to put in place as much safety as you can to ensure that any contact will not result in harm to your son. I would strongly encourage you to seek legal counsel and, perhaps take steps to ensure that there is a child specialist working with you, your son, and your ex.
Best of luck to you both.See question
I was married to my wife for 27yrs she has recently cheated on me and left the house for 6 months already. I signed over the grand deed to my son and moved out myself. My name is still on the loan but my wife signed over ownership to the house abo...
This is a complicated question that requires a more in depth legal review than can be done in this forum. We can really only address general principles. I would strongly recommend the you consult a lawyer, experienced in family law, to address your individual case with you directly. I know you put this under real estate, but you will likely get more replies if you put it under Divorce. Unless, of course, you do not believe this will become a divorce matter. I have left it under Real Estate since I do not know your intention here.
In general, when one spouse signs a Quite Claim or Inter Spousal Transfer to the other spouse, and does so knowingly (s/he knows that this gives all rights, title, and interest to and over the property to the other spouse), this is a clear indication to the court that there was an intent to change the character of the property from Community to Separate. If the aggrieved spouse were to later claim, say in a divorce proceeding, that the transfer was the result of fraud, the burden of proof shifts to the spouse who benefited from the transfer to show that it was a knowing and intelligent transfer. There are two cases on point. In one case, the spouse who benefited from the transfer was a paralegal and the aggrieve spouse had a form of autism. The court found in favor of the aggrieved spouse. In the other case, both spouses confirmed that the aggrieved spouse transferred title solely for a refinance, and both spouses confirmed that the intent was to add the aggrieved spouse back on title upon completion of the refinance. Upon divorce, it was discovered that the aggrieved spouse was never added back on to the title. So she argued that because she was Japanese and did not have full facility of the English language, she did not understand the impact of the transfer. Unfortunately, given the facts in that case, the Court disagreed and ruled in favor of the spouse who benefited from the transfer, even though both admitted the aggrieved spouse was unintentionally not added back to the title.
The other concern in your fact patter is that of a possible fraudulent transfer to your son. If no funds exchanged hands, the court may be suspicious of the timing of the transfer. This will boil down to proof that the transfer was fraudulent.
Finally, given that the property was transferred to you 10 years ago, and that your wife left for 6 months, if those 6 months was just recently, arguably there may be 9.5 years of you using your income to pay for your separate property during marriage. Under California law, 50% of all income earned by either spouse during marriage, belongs to the other spouse. If one spouses uses his/her income earned during marriage to improve or pay down his or her separate property, s/he would owe those funds back to the community - would owe the other spouse 50% of those funds used. This doesn't change the property from separate to community, but it does give the other spouse a claim for reimbursement.
There are other concerns, but these are the main items that you would want to discuss with a competent lawyer. Best of luck.See question