Trial Brief? Does BOTH Parties Submit to each other? OR Just the one who is filing motion (this is a DVRO motion-hearing-trial)?
Maria's answer
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Answered on April 27, 2020
The moving party has to file his/her declaration and a brief if she/she wishes to do so. The responding party in a DV matter needs to file a...
What parts of a domestic violence case can I (the public) view?
Maria's answer
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Answered on April 27, 2020
Typically DV cases are not sealed. It is hard to guess what you will find in the file. If DV was actually fled, you should be able to find the...
If I leave our marital home, would that be considered abandonment and would be used against me during custody proceedings?
Maria's answer
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Answered on April 22, 2020
You can move out. Have an agreement with your spouse regarding custody and visitation. If you are planning on filing for a dissolution, I would not...
What action can I take if my ex-wife refuses to follow the stay at home order in CA with our children?
Maria's answer
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Answered on April 22, 2020
I agree with both of my colleagues.
Archived
My husband is emotionally and verbally abusive. Can I take them out of state, Where I have family and then file emergency custo?
Maria's answer
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Answered on April 16, 2020
I agree with Mr. Burns, assuming your husband is the father to your 4 year old. If you leave California with the children without court's...
If I'm 60+ days post initial service of my divorce petition and have yet to serve any disclosures, do I have to start ALL OVER?
Maria's answer
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Answered on April 16, 2020
Yes, you have to serve the disclosures before the Judgment can be entered. The 6 month period starts running when the Respondent is served with the...
Is my spouse required by law to disclose ALL of his assets?
Maria's answer
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Answered on April 13, 2020
If your husband did this after he was served with the Petition for Dissolution and Summons, assuming that he is a Respondent, then re-finance was...
What is the maximum percentage that you can get for one child for a Smith-Ostler order?
Maria's answer
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Answered on April 13, 2020
I agree with Ms. Hoff. I had a case in which those calculations varied from hearing to hearing.
What constitutes civil harassment ?
Maria's answer
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Answered on April 13, 2020
If you can obtain evidence of her calls to the police that did not substantiate, present it to the court with an argument that she interferes with...
In joint custody case will wife be allowed to move back to Korea with my sons against my wishes if they have dual citizenship?
Maria's answer
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Answered on April 13, 2020
If you are domiciled in SD, CA, then you would file for divorce in SD, and the court in SD would have jurisdiction over the children. The mother...