My wife and I are looking to get a divorce. It is a very simple situation. We do not have shared assets, no children, we are simply just looking to move on from a situation that was working out for either of us. What is the process? What basic ...
If you are both in agreement on all items: division of assets and debts and support (being the main items), there are lawyers who can act as neutral professionals to make sure you have covered all of the legal items and prepare your documents. Many do this for a flat fee that can ranges depending, often, on experience and location. Court fees in Los Angeles are $435 for the Petition documents and $435 for the Response documents. In some instances, you can save on that second $435 by not filing a Response and still having a signed, enforceable agreement (there are risks and benefits to this).
You can get everything done (lawyer and court fees) for under $4,000,, but you do need to make sure you have someone competent to make sure it is done properly. There are paralegals who do it for less, but I have had to "clean up" some of these cases when they learn mistakes were made, or specific issues not addressed (eg., leaving out the pension plans because you each planned to keep your own - if it's not addressed, it's an omitted asset that one spouse can later come back for, reopening the case).
The goal is to make sure you are both making informed decisions, and that your agreements are complete, so that you co-create agreements that will be binding in the long run.
If there are disagreements, or higher conflict, you can expect the price to increase significantly. So you may want to look for lawyer(s) who understand your goals of resolving efficiently and respectfully (if those are your goals), but still in an informed way. You do not have to battle, and you both have complete control over your agreements (you are not bound by the law, as a judge is). You should, however, both understand what the law provides so you can weigh the benefits of an efficient resolution vs. going after what you believe is your legal right.
I hope this is helpful to you.
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I have trial (short) next month for divorce. Non custodial is in arrears and continues to not pay what has been Court ordered. I had a case open with the DCSS since I needed help with enforcement. Nothing has happened.
DCSS deals only with child support. Assuming you have filed all necessary documents, the judge will hear your case and make the necessary and appropriate orders, as s/he deems it so. DCSS will probably have someone there, or the court may make inquiry, as to the amount of arrears.
DCSS is typically incredibly overwhelmed and understaffed. They are often behind, not in collecting payments necessarily, but often in distributing the payments. Don't be surprised of the obligor comes in and proves that payments have been made, even though you have not received them. He will have to prove payments were made in order to receive any credit.
The court will likely not issue any punishment for failure to pay, beyond interest (legal rate is currently 10% per year). If, however, he has no income, or is being paid under the table, the court will look at his expenses (assuming he completed an income and expense declaration) and will impute (pretend he has an income) income from there, or impute minimum wage, or impute income based on his prior history of income.
As far as enforcement, if he is employed, a wage garnishment can be issued. But if he changes jobs frequently, is unemployed, or paid under the table, this will be difficult to maintain. When he files taxes, if there is a refund coming to him, those funds can also be directly transferred to you. There are other options as well. Unfortunately, none of them are immediate.
I hope this is helpful to you. Good luck.See question
Im not a US citizen. Were not divorced yet but he said were already separated. I caught him cheating and he's not even remorse of it. I stepped out for a while because I was hurt but he made it as a gate to his freedom. Now eventhough we're not y...
California is a no-fault divorce state. You can divorce for no reason, or for cause. When it comes to infidelity, neither the courts nor the law will enter the bedroom. That means, the courts will not compensate you, or punish him, for his cheating. That will come much later, in real life, when he finds himself alone, or cheated on, or with an STD, if at all. The issue here isn't a legal one, from what you have described, rather, it seems to be a personal, moral one: are you going to rise above this and be the person you want to be, or are you going to allow his behavior to dictate who you are? That's never an easy decision when you have been emotionally hurt in this way. My recommendation is that you consider what you want for yourself, not only right now (be cautious of reacting), but, more importantly, long term.
You say you are not a US citizen. I would strongly recommend that you contact an immigration lawyer, as well as a family lawyer (ideally, the two communicate and work together) before you move forward so that you can prepare for your divorce transition. Depending on where you are with your residency/citizenship processing, a divorce can have serious consequences, and you must prepare to avoid and/or manage those risks.
This is probably not the answer you were seeking. It is, however, important that you manage your own emotions and pain to avoid making poor decisions moving forward.
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What can I do If I married a woman that divorce once but the ex-husband won't sign the divorce papers .....
Second marriage is void because she was already married. She needs to complete the divorce, and she does not need her husband's signature to do it. She only needs to either request a default judgment if he has not filed a response and the 30 days from the date he was served has passed, or request a trial date so that the court can make a ruling. There are many documents and steps that must be taken before a court will grant a trial date. She should consult with a lawyer experienced in family law to ensure that all is properly completed.
I hope this is helpful to you.
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My wife left our rental home, unclear if this was a break. I had no access to any of the finances, outside of a credit card she had set a limit on. I got a roommate to make ends meet. 2016 she files for divorce and hired a lawyer. I'm broke, I pay...
Assets and debts are treated different from spousal support and income. Yours is a short term marriage (less than 10 years). It is not likely that a judge will say you have been married for such a long time to have become reliant on your spouse's income. Typically, in a marriage of less than 10 years, the rule of thumb IF SUPPORT IS WARRANTED, is half the duration of the marriage - not a rule, but a "rule of thumb". The court does not have to apply this. AND, spousal support is NOT 50% of the higher income earner's income. The court must look at Family Code sec. 4320, which includes, age, health, ability to earn, ability to pay, how assets and debts are divided, and whatever the judge deems just and reasonable. If you have the ability to work, the legal expectation is that you do.
If the car was a gift, and you are able to prove this, a court CAN order that she pay it off. A court can also order that the debt be split equally, or that the vehicle be sold. There is probably much more to your case than you may realize. I'm not saying it's "fair". But what you don't know can really end up costing you later on. Some paralegals are great, but they are all required to work under legal supervision - if they make a mistake, you are out of luck - they are not governed by the state bar; they are not licensed to practice law.
You can retain a lawyer on a limited scope basis to save on funds, but you need to first make sure that that will serve your interests. I strongly recommend you speak with a lawyer before taking any further action with her lawyer.
I hope this helps.
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I'm filing for divorce. But I'm worried if I leave, my other spouse will get 100% of the property/our house. Is this something to be concerned with? I just want to move out ASAP but not lose stake in my interests with the house or any of its sale.
My colleagues are correct. However, it is critical that you speak with a family law lawyer who can help you weigh, and prepare for, the potential consequences. As stated, once you move out, there can be financial implications that you may not have anticipated, such as those based on establishing a "date of separation". Moving out could do just that. Once there is a date of separation, the community stops. Which means, every dollar earned by either spouse belongs 100% to that spouse (unlike during the community where it is 50/50). So if that spouse uses his/her income to pay a community debt (the mortgage), the spouse not contributing to that debt can end up having to reimburse the paying spouse half the payments. In a practical sense, there is also a risk of not having a say, or oversight, over how, arguably, the most valuable asset in a marriage is being maintained, if at all. Also, from a practical perspective, if the tension/conflict in the home, while living together, is so high, it may make more sense, when you understand and weigh the potential consequences, to move out and allow the conflict to settle before beginning discussions on how to untie the knot, so to speak.
There are no easy answers, and not all answers have to be based on the family code. You do have options, and you have a better chance of making good decisions when you are well informed and able to communicate and plan with your soon-to-be ex. I would encourage you to speak with a skilled family lawyer, and even attend a Divorce Options program. There is one coming up in Costa Mesa in March.
I hope this helps.
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I filed for a divorce in 04/2016. My ex husband was served the following month. However, he managed to take all of my court documents and destroyed every one before I could file the service. Now some time has gone by, with some ADDED issues, which...
You will need to have the person who served him prepare another proof of service and get that filed with the court immediately. You do not need to re-do your petition, unless you left critical pieces out (for example, you did not request spousal support, or your requested joint custody and now want to request custody only to you, with visitation to him, or you want certain assets/debts to be divided in a specific way). What the petition does, beyond giving notice of the divorce, is it gives the judge the authority to make orders over those items you checked.
If this is the case, then, yes, you may want to amend your petition to include those missing items. If he has not filed an response, you can amend quite easily. If he has, it may be more difficult depending on how much time has passed. Amending, however, means you will have to re-serve him, and he will have another 30 days in which to file a response.
As it relates to an "easy" and "quick" divorce, it is possible, IF both parties are cooperating. The earliest you can be single, however, is 6 months and 1 day from the date the responding party is properly served with the petition and summons. But to be done and single at 6 months and 1 day, you also have to be done with the divorce process. The work I do in my office is all uncontested - my clients don't want to fight in court. So I help them either as a mediator or a consultant or a collaborative lawyer - all out of court. Many of my cases have full agreements, signed by the judge within 4 months. So the divorce process IS completed, but they are not single until that 6 month and 1 day period is complete - the judge will put the date of divorce on the judgment documents.
Even when children are involved, it can be an easier process if both parents are cooperating. It doesn't sound like your soon-to-be ex was quite there in 2016. Have things changed since then? Is he ready to be done as well? Is he cooperative? If not, it will not be easy. As far as quick, it won't be quicker than that 6 month period, and if he is still not cooperative, it can actually take years!
Many lawyers offer limited scope services and can actually prepare all of your paperwork (petition, disclosures, and judgment documents) for a flat or reduced rate. But this will only be of value to you, if you believe your spouse will be cooperative.
I hope this helps. Good luck.See question
I want to get a divorce from an abusive man (emotionally abusive, manipulative and pathological liar). He is very good at deceiving and so I have to have all my facts straight before I pursue this. We have a daughter and a history of back and for...
There are many good reasons for wanting to keep the family home and/or remain living there, including keeping some level of comfort and stability for your daughter. The reality is that you both have an interest and rights to the home. If neither agrees to move out, a court can order one spouse out, but this does tend to increase the level of conflict, and, as a result, legal fees. Staying together in the house is often difficult, because of the stress and conflict of doing so - clearly no sense of stability or comfort for ANYONE in that scenario. There are also often unintended legal consequences of one spouse occupying the family home to the exclusion of the other (even if that person moved out voluntarily). This is what we commonly refer to as Watts and Epstein credits and reimbursements: the spouse who remains in the house may owe the other spouse half the fair market rental value for each months s/he remains in the home exclusively, after the date of separation and until the judgment is completed or the home sold. You would do well to speak with a lawyer directly to analyze your situation with ALL of the relevant fact.
If you are not able to agree on what to do with the house, the judge will most likely order it sold (if in fact it is a community asset). If the two of you agree that one will keep the house and buy the other's interest, you would need to find a way to value the house and agree upon that value. Then you would need to figure out how to get the funds to buy the other person's interest. Can you or he qualify for a refi, if you pull half the equity out? Will the spouse buying the home want to reduce the buyout by potential costs of sale and/or repairs, or will it be as is? Much needs to be decided in advance to complete this process.
I would STRONGLY suggest you speak with a lawyer experienced in family law, who also appreciates your goal of keeping things calm for your daughter. You may want to research Collaborative divorce as an alternative to a contested process. I am concerned about the abuse you have described: it tends to get worse in a contested case. But you may not have a strong enough voice in a mediation. So I do think it would be best to have your own lawyer and maybe a child specialist or coach assisting you and your family.
I hope this information is helpful to you.
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We were married 7.5 years. We work for the same company with same pension plan. Never addressed in divorce decree but all other property was. Both verbally agreed To not touch the others retirement. But now she wants to. Divorce was finalized 6/99...
I agree with my colleagues, and would add that it does cut both ways. There is a community interest in your plan as well as in hers. She would pay you a portion of hers, even though it would be smaller than what you pay her. This is typically done through a Qualified Domestic Relations Order (QDRO) or a DRO, depending on the holder of the plan. It may be in both your interests to look at what you are actually talking about by having an actuarial value the community share of the plans (on both ends). If the net result would be you paying her $50/mth, it may not be worth the stress and investment of fighting about it in court with your lawyers. If you're talking $1000/mth, maybe it is worth it. Only the two of you can decide that. You could also work with a mediator to try and create your own agreements on this item. It does give you more flexibility over the result (a judge must order what the law requires, whereas the two of you can be a bit more creative) and tends to be less expensive. But it does require that you both cooperate towards an agreement. You can have your lawyers advising you during mediation as well. Or, you can go before a judge and have him/her decide. Community interest in a pension is pretty straight forward, so I wouldn't recommend spending a lot fighting over it, unless there was also an uneven split of assets and debts in your divorce. Then it can become more complicated.
And a verbal agreement is only as good as the evidence the proves it. Otherwise, you're stuck in an expensive he said/she said battle. I'm not saying it's right or fair, but this is the reality of the situation you have described. As a mediator, I often get people who say they don't need to put certain agreements in writing because they know they will honor them, or they don't have to put certain asset divisions in place, because THEY know what their agreements are. I always insist such agreements be put in writing, precisely because of the situation in which you now find yourself. No one has a crystal ball to predict the future. Best to be clear from the get go and not have to worry about it later. I'm sorry you are in this situation. I would strongly recommend you both try to resolve it amicably and not add more expense and animosity if it doesn't really help you in the long run.
I hope this information is helpful. Good luck.See question
My husband file for divorce and my daughter served me, it is legal? I noticed my husband received "notice of rejection - pleading" What is that mean? If the low suit rejected it will be automatically dismissed?
As much as many of us would prefer children not be put in the middle of the divorce (even adult children), it is legal if she is 18 years old or over. If the filing was rejected for some reason, all he needs to do is correct it and re-file.
I hope this is helpful. Good luck.