Gregory Paul Benton's Answers (19797)

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Wife (petitioner) got default judgment w/o providing material facts as to characterization & value of property.

Gregory's answer | Answered on June 04, 2015

She requested a default timely so that isn't an issue. But it sounds like you have waited a long time. Also, if she got the default on the matter...

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If spouse cashed out their retirement plan while married (2 years before seperation date), was it community property?

Gregory's answer | Answered on June 04, 2015

Whatever was added to the retirement plan and how much those contributions increased - that is the community property interest and you do have a...

Archived

I am active duty military currently living in RI, but want to file divorce in California where I was married. Can anyone help?

Gregory's answer | Answered on June 04, 2015

The state where you got married is irrelevant as to where you file for divorce. If your spouse lives in CA, then he/she could file here. At this...

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Divorce - We agree on everything. Do we need to go through in-depth process or can we make our own terms.

Gregory's answer | Answered on June 03, 2015

If what you agree to is openly discussed and negotiated without any duress or coercion, then there isn't a court around that would not sign off on...

Archived

My wife wants to divorce me? What steps should I take?

Gregory's answer | Answered on June 03, 2015

Find an attorney to help you and file the divorce papers now along with your disclosures as to your community property claims in the house.

Archived

How do i put my name on the property so the state doesn't take house?

Gregory's answer | Answered on June 03, 2015

You have to probate her estate and this is started by filing a petition to probate her intestate estate, asking for Letters of Administration. You...

Archived

If reduced pension income is chosen to allow a survivors annuity (private plan), is that reduction community property in CA?

Gregory's answer | Answered on June 03, 2015

The QDRO attorney has given you the correct advice. Have you run this by your attorney?

Archived

I had to file an amended petition, do I have to wait 30 days before filing the judgment papers?

Gregory's answer | Answered on June 03, 2015

Yes the thirty day period for default restarts with the service of the amended petition.

Archived

Chances of getting arrested

Gregory's answer | Answered on June 03, 2015

If you file for divorce, in her response she can use the DV matter as part of her request, if any, for spousal support. As to the possibility of...

Archived

Is there a date line for a Proposed judgment, my lawyer email it but did not include a date line.?

Gregory's answer | Answered on June 03, 2015

It depends on the action being requested. If it is an Order After Hearing, then the party needing to sign it has 20 days. If it is a proposed...

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