Archived
When trying to open a case from over 10 yrs ago and the transcripts have been destroyed is that going to be more difficult?
Joshua's answer
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Answered on February 11, 2011
California law mandates that court files etc. be burned after 10 years, however, the last time I tried to prove that the records (over ten years...
Archived
Who stays in the home after a speration
Joshua's answer
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Answered on February 11, 2011
While the divorce is pending you are in a good position to get exclusive use of the family residence pending the end of the divorce. You should...
How to file an ex parte motion in Orange County, California, family cour?
Joshua's answer
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Answered on February 11, 2011
Ex parte relief is appropriate when there is
1) an emergency or 2) a calendaring issue. You have a calendaring issue so ex parte is...
Archived
As a respondent is it possible not to attend the custody and support hearing instead i want my lawyer to attend is it possible??
Joshua's answer
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Answered on February 11, 2011
In family law, a party may have their lawyer appear without the client provided there are no restraining order issues, prior orders to appear,...
Archived
I was charged with violation a restraing order in 2005, the time has passed can i get my record expunge.
Joshua's answer
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Answered on February 11, 2011
You probably do not need an attorney to accomplish an expungement. In San Diego, for instance, the court website has great resources -...
Archived
I have a DUI charge in San Diego. I heard that a DUI conviction prevents you from getting into canada. What about wet reckless?
Joshua's answer
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Answered on February 11, 2011
While your charge is pending you will likely be denied entry. Whether you plea to wet reckless or DUI really does not affect entry. While the...
Can I get an annulment if my husband and I were married while he was in Jail and we have never consumated the marriage?
Joshua's answer
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Answered on November 18, 2010
Maybe. For a marriage to be annulled the marriage must be void or voidable. Void means the marriage never existed regardless of the parties'...
Archived
I am an unmarried mother to be. I am not dating the father of the baby and want to move to Alaska from Cali.
Joshua's answer
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Answered on November 18, 2010
Move there immediately. If you stay and the child is born into California, the father will have the power to file for paternity and custody in...
Archived
What is the best/most effective way to obtain a certified copy of my divorce decree of 1997. Please advise.
Thank you!
Joshua's answer
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Answered on November 18, 2010
When you go to the court to get a copy, do not forget to request a "certified copy" - it costs an extra fee and simply involves the clerk stamping...
Archived
How can i get a family law case moved to a different court house
Joshua's answer
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Answered on November 15, 2010
The previous answer is true - especially in your case where there are children involved. The concept is called "continuing exclusive jurisdiction...
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