Archived
I want to file for a divorce but since California doesn't Recognize common law marrige as a legal marriage, What can I do?
Daniel's answer
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Answered on October 21, 2012
I agree with my colleagues answer, but would add there is an area of law in California called putative spouse, which is if you had a legitimate...
Archived
If I was married in costa rica but not legalized in the US, do I have to go there for a divorce?
Daniel's answer
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Answered on October 21, 2012
No, you can have your divorce here in California. You must have been a resident of the State for 6 continuous months, and the County for 3...
Archived
Can a disabled ex-wife ask for spousal modification when her ex-husband remarries?
Daniel's answer
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Answered on October 21, 2012
New spouses income is not considered in the calculation. Please refer to California Family Code 4320.
Archived
What are my options when the mother of my child refuses to let me see him?
Daniel's answer
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Answered on October 21, 2012
I agree with my colleague, you need to immediately file a motion for paternity, the longer you wait and dont see your child, the more the Court may...
Can an unmarried mother move her child out of state (ohio to colorado)?
Daniel's answer
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Answered on October 21, 2012
If he is against the move, you must go to Court.
Archived
What right does the biological father have if proven by DNA test he is the father, and someone else signed the birth certificate
Daniel's answer
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Answered on October 21, 2012
I changed your topic heading so it could be viewed my more family law attorneys in your jurisdiction. This is a VERY touchy subject and the...
Archived
I filed a divorce in nevada but did not meet the residency requirement and told the divorce company that i am more than 6 weeks.
Daniel's answer
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Answered on October 21, 2012
Speak to an immigration attorney. This is not an appropriate question for a divorce attorney. I recommend Cliff Sakata in San Diego. 858-874-0711.
Archived
Can a noncustodial parent claim the child he's paying child support for on his taxes in Texas
Daniel's answer
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Answered on October 21, 2012
No. IRS rules govern that the parent with primary custody gets the exemption.
Archived
How does a mother file for custody of a child while still legally married?
Daniel's answer
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Answered on October 21, 2012
Where is the child, how old is he/she? Generally, if she does NOT want to file a divorce, she can file a legal separation. Other than that, there...
Archived
Am I able to relocate to another county during a custody battle?
Daniel's answer
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Answered on October 21, 2012
Generally NO. You need written permission from the other parent or a Court order.
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