Archived
Set aside parts of final judgment based on breach of fiduciary duty to disclose. I'm Resp.both parties pro per.
Gregory's answer
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Answered on January 27, 2014
The motion would be filed on the FL-300 but you need to also attach a memorandum of points and authorities and there is no form for that. I...
Archived
Can I refuse to pay ex wife for half of the kids medication?
Gregory's answer
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Answered on January 27, 2014
NO! How do you know she is paranoid. Small children usually need a lot of medicines to ward of colds, ear infections, respiratory diseases etc. ...
Archived
What is my right or options in this situation? I feel this is my attorney's fault caused this problem but want to ask your views
Gregory's answer
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Answered on January 27, 2014
I would immediately file a motion under CCP 473 to set aside the judgment as to the life insurance policy. Yes you can write your former attorney a...
Archived
CA. Home "A" proceeds used to buy marital home "B". After 5 yrs, they divorce. Can you apply Moore Marsden rule on old Home A?
Gregory's answer
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Answered on January 27, 2014
The problem here is that on home A you probably used community income to pay on the mortgage thus the other spouse probably has a CP interest in...
Archived
My husband and I are divorcing. He will be paying me spousal support. We have discussed deferring it. What does that mean?
Gregory's answer
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Answered on January 27, 2014
If you are working on an agreement, then you can tailor the terms to how ever the two of you agree. The court has the right to reject the...
Archived
My husband is in jail. I would like to file for divorce or legal separation, is he entitled to spousal support or anything ?
Gregory's answer
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Answered on January 27, 2014
Spousal support would be awarded based on an analysis of the comprehensive code in section 4320 of the Family Law code. Legal separation and...
Archived
Filed CIV-110 under duress; moment of pity and guilt but wish to proceed with it. No record of filling by her attorney. How?
Gregory's answer
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Answered on January 27, 2014
Confusing. The CIV 110 is not a form to use for a divorce. You need to file the FL-100 with Summons, FL-150, FL-160's and possible an FL-105 if...
Archived
Can create a new corporation or LLC before divorcing without my wife claiming any right over it?
Gregory's answer
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Answered on January 27, 2014
You can create it but you must disclose it to her. You have a fiduciary responsibility. If you have not filed for the divorce, there is a strong...
Archived
My wife and I are divorcing and jointly own a business together. Can I use joint company capital for my lawyers fees?
Gregory's answer
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Answered on January 27, 2014
You can't use any CP funds without an agreement of the other party or order of the court. If the other party won't agree, then you will need to...
Archived
If the signature on my divorce has no judges name under it and the judge who they say signed it says he did not is there a statu
Gregory's answer
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Answered on January 27, 2014
If it hasn't been signed by the court's judicial officer, then it isn't a valid judgment. Check with the clerks office at the court to see if a...
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