I filed for divorce and ask for a few minor things and was hoping we could settle this without getting attorneys, he had now decided to contest and got an attorney. Do I need to get one now?
It's always a good idea to at least consult with an attorney. Here in San Diego, many clients come to me after having initially represented themselves. It really can be difficult to fight your case in court without a lawyer present- though I have also seen some people pull it off.
If you can afford it, I'd recommend hiring someone experienced in family law.See question
I'm confused since my lawyer told me I'd be allowed access to knowledge of my spouce's finances thru discovery process but later said there'd be no discovery. Can someone shed some light this please.
I'd definitely suggest meeting with your attorney to make sure there isn't any type of miscommunication.
Generally speaking, it's critical for you to know your spouses finances. There is a duty on both sides to disclose their assets. Perhaps your attorney is not conducting additional discovery because he feels like he's got a full accounting of your wife's assets.
I agree with the answer that suggests that form interrogatories should be sent out in most cases- it's a relatively inexpensive form of discovery that gives you a lot of information.
But, it's tough to second guess your attorney without knowing the details of your case. So, the best thing that I would suggest is to meet with your attorney- ask him what information you have and what plan he has to seek any additional needed information.See question
A women signed a divorce settlement with her husband who is in the United States Marine Corp, they were married for 7 years and have 2 children together. The women settled for a small amount of child support to avoid any further conflict that migh...
A divorce settlement can sometimes be overturned- it depends on whether or not there was full disclosure prior to the agreement, on the wording of the agreement and on how long ago the settlement was made. This is a difficult area of the law and you would definitely want to consult with a local attorney.
That said, the court maintains jurisdiction over child support regardless of what is in the divorce settlement. A court can always revisit the issues of child support and custody if there is an adequate legal reason (for instance, if the support is set below the guideline for California, or if there is a change in actual custody.)
The woman should consult with an attorney immediately.See question
What does a respondent need to do once served with divorce papers?
Assuming you were served with a petition for dissolution, you are required to file a Response within 30 days after service. Each side then serves each other with financial disclosures- income and expense forum, schedule of assets and debts. Then financial disclosures are filed with the court. Finally a marital settlement agreement is filed with accompanying paperwork.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on. This answer does not create an attorney-client relationshipSee question
She has her visitor's visa and is currently serving a 4 months sentence. the information on the sheriff's dept website has the following information after her release date "Rel Dt/Tm: Agency: ICE" what does this mean? will she just be deported? w...
Normally, someone who is sentenced to jail here in California, who is not a citizen or a permanent resident, is released to immigration to evaluate their status once their court case is concluded. Immigration may deport the person or allow them to leave voluntarily, depending on the facts of each case.
In your aunt's case, we would need to know her exact conviction to see how it affects her immigration status- both now and in the future.
I'd recommend a consultation with an immigration attorney.See question
My brother is married to a us citizen he just got a denial of both i130 and 485 his wife doesn't wanna appeal the i130 and she wanna get a divorce ..he is leaving the us before getting a deportation order before marrying he oversatyed his visa 3 y...
Everything depends on why the the applications were denied. If there was marriage fraud, then that will be an issue in his future applications. If there was a criminal conviction, then that could even be a permanent bar depending on the type of conviction.
I'd suggest he talk to a qualified attorney to explore his options before leaving the country.See question
If someone is pulled over, and found with 1 gram of marijuana and the police report says it was 4 grams of marijuana - is there anything about that error that could be used as a defense.
It calls into question the credibility of the police officer. What happened to the missing 3 grams? If the marijuana weighed was 4 grams instead of 1 gram, can we be sure that the officer had the right marijuana from the right arrest in evidence?
Of course, the officer will probably say on the stand that the marijuana weighed 1 gram net and 4 grams with packaging! But it is an interesting point to look into.See question
I dont want to have to pay for the filing fee if I do have to. Will it change anything for me since we already reached an agreement?
If you don't answer the divorce petition, you run the risk of getting a default judgment against you. The terms of the default judgment may not be what you expect.
It's always safer to file the paperwork that you are required to file in a divorce. This ensures that you have a legal voice in court. You may not want anything from the divorce, but may end up with an order for, say, spousal support if you trust the process to work out on it's own.
If you can't afford the filing fee, ask for a fee waiver form.See question
I will most likely plead guilty to a first time DUI, however I want to know what the punishment will be first. Should I request a continuance, or plead not guilty and discuss it at a pretrial hearing?
The best step for you is to request a continuance of your arraignment if you want to consult with an attorney about your case. Although you've stated that you will likely plead guilty- it really is helpful to have an attorney analyze the case for you. In my experience, many cases are plead out when they should be litigated.
If you want to know what the punishment would be, you can ask the judge for an "indicated" sentence. Some judges will let you know ahead of time what fines/conditions they would impose for a guilty plea.See question
Although charges have not been filed by District Attorney and I have not hired a lawyer, what good if any can come out of a DMV HEARING that could help my court case?
A DMV hearing is often a good opportunity to gather evidence for a criminal case. I routinely do this for my DUI cases. When the officer and relevant witnesses are subpoenaed for the hearing, it gives you a chance to question them in a more relaxed setting than a jury trial. You'd be surprised at some of the answers you get.
However, I would recommend having a competent defense attorney in your area to handle the hearing on your behalf.See question