I have posted before but have received answers from lawyers in WI. I need to find a lawyer in Riverside County CA to help with filing a motion on my husbands filing for divorce. We both filed the same day, I got served, but he has left CA and I ...
It's not clear what kind of motion you are seeking. If it is a motion to change jurisdiction to WI, it should not take $4,000. If your husband filed a request for orders or other hearing, but did not properly serve you, the court will likely continue the hearing to another date or, if he doesn't show up, may dismiss the hearing entirely. If what you mean is that he never properly served you with the divorce papers, then there is really nothing for you to do at this point. If you file in WI, while there is a case pending in CA, the state with proper jurisdiction that received proper filing first will have control. Again, if you file in WI, and that is the proper jurisdiction, you will still have to serve him.
Lawyers do charge for their services, but you can retain one for the limited purpose of changing the jurisdiction, or making a one time appearance at a hearing. Alternatively, you can come out to California and make the appearance yourself. There is no requirement that you retain a lawyer. But you will be treated as any lawyer appearing in court - no special treatment because you don't know the law, or how to properly provide service on your spouse, or what forms need to be completed, or... There is a value to what lawyers do, which is why we charge for those services. $4,000 sounds like a reasonable deposit, but I doubt it would cost that much to actually get the case dismissed or moved, given the information you have provided here. Deposits, to the extent they are not used, are refundable. Other lawyers may charge you a flat fee for a single appearance. Everyone does it a little differently.
I hope this is helpful to you. Good luck.
My husband and I have decided to get a divorce. In researching my options, I see that we meet all the qualifications for filing for a summary dissolution which seems to be simpler than regular divorce. The only problem is I have approximately $20,...
My colleague is correct. Too often, people do not fully understand the difference between community property and separate property. It can be confusing, if there was any kind of "co-mingling". For example, a car that was purchased before marriage, but was paid down using income earned during marriage. Although the car may have remained in the name of the spouse who purchased it before marriage, community funds were used to pay it down, giving the community interest in reimbursement. When you marry, half of every dollar you earn, belongs to your spouse (they don't have to do anything for it). This confuses many people, especially as it relates to retirement accounts: "but the account is in my name and I'm the only who contributed to it - I worked for that!" Yes, but you used your income to fund the account, therefore, half of those funds contributed from date of marriage to date of separation, plus any interest that grew from there, belongs to your spouse.
That having been said, for a summary dissolution in California, there can be no more than $6,000 in community obligations. It is legally irrelevant how you plan to divide assets and debts.
Typically, a student loan goes with the student as his/her separate property. But, there are always exceptions. So it really comes down to, who benefited from the loan. Sometimes student loans are used for living expenses (benefits the couple/family). It could be a community obligation. The answer is not "black and white".
I would strongly encourage that you consider retaining a lawyer who can review your situation and confirm if you qualify. Better to do it right the first time, than deal with consequences later on. Many lawyers offer such services on a limited scope basis and/or for a flat fee. It is worth the investment.See question
I was incarcerated during the final hearing of my divorce. My husband won by default. The order of final judgement was 7 months ago. Can I reopen this case.
Very likely, yes. You should do so right away. The longer you delay, the more difficult it becomes. However, and depending on the orders, typically, as it relates to minor children, such orders are always modifiable. The goal is to give the children equal access to both parents, so long as it is practical/safe.
I hope this is helpful to you. Good luck.See question
Married in philippines im in qatar right now and my husband is in the united states and he comitted an affair with another woman Can i file a case?
To file in California, either you or your spouse must have been living in the state for at least 6 months prior to the filing. You will also need to file in the county where your spouse have resided for the last 3 months prior to filing.
Good luck.See question
The first step is to get yourself informed about your options and the process itself. People often make terrible mistakes at the beginning of this transition because they are acting out of fear, or anger, or anxiety, or... The emotional tornado you (and your husband) are experiencing will make this the WORST time to make any decisions.
I would strongly encourage you to speak with a lawyer practicing in your county with experience in Family Law. The first thing they will want to do is to see that prenuptial agreement. Before selecting a lawyer, identify some goals that you would like to accomplish. It can be as specific as "I want to keep the house" or as general as "I want my children to have a good relationship with both parents". You decide. This will help you identify the kind of lawyer you should speak with. You will also need to factor in your husband's current behavior. It's not clear what you mean be "giving me hard and hard time". If he is harassing you, threatening you, closing your access to bank accounts, etc, you really need to get a lawyer who can help you put some orders in place to protect yourself physically and/or financially. Short of something that extreme, you can take your time to find the right lawyer for your specific goals.
There are so many different ways to handle a separation/divorce, all of which have potential risks/consequences and benefits: you can go through a contested court battle, you can mediate with a neutral facilitator, you can enter a collaborative process, and you can even sit down at the kitchen table and figure it all out yourselves, using a lawyer to just prepare the documents in a limited scope capacity.
There are some wonderful community education programs all over that provide a lot of information. Divorce Options is one such program. It is currently being offered at Orange Coast College and other locations (I present on occasion at OCC).
I hope this is helpful to you. Good luck.See question
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