Military husband wants to wait till he gets out to start divorce process but doesn’t think I should get any of the paycheck?
Maria's answer
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Answered on December 11, 2018
In the absence of a marital agreement the income earned by both spouses is community property. Thus your husband's paycheck is community earnings....
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Domestic violence charge, at arraignment should I bring attorney? scratch husband and threatened to kill him. No prior records
Maria's answer
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Answered on December 11, 2018
Yes, the wife should get an attorney. If the husband files for a TRO in a family court, get a family law attorney as well.
Archived
Can I get FULL custody now that theres two temp restraining orders are in place against the other parent for domestic violence?
Maria's answer
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Answered on December 11, 2018
Temporary restraining order will only give you sole legal custody temporarily. If you get a long term restraining order, then it will affect the...
Archived
Questions about a prenuptial agreement
Maria's answer
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Answered on December 11, 2018
It is highly recommended that both sides are represented by an attorney. The payment will depend on the attorney's hourly rate.
Archived
Ex demanding I refinance/assume mortgage on house awarded to me in divorce. I can't qualify for loan. What can he do to me?
Maria's answer
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Answered on December 11, 2018
He can file a post judgment RFO requesting that your are given a certain amount of time by which to refinance and if you cannot, request that the...
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How is the Property Sale Divided in a Divorce ?
Maria's answer
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Answered on December 11, 2018
If you did not have a premarital agreement classifying your income as separate property and/or if you have no proof that you invested your separate...
Forgot to turn in Proof of Personal Service paper???
Maria's answer
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Answered on November 27, 2018
I agree with my colleagues. File the proof of service tomorrow.
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Can the father of my child refuse to pay child support even after court order has been set?
Maria's answer
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Answered on November 27, 2018
If the father is employed you can get a court order for wage garnishment. You can file a motion to hold the father in contempt. You can open a case...
Archived
My daughter's mother has alcohol and drug issues. How much does this impact custody?
Maria's answer
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Answered on November 27, 2018
Hello. All documented evidence of arrests, DV, DUI and such will need to be presented to the court and yes, it will impact the custody decision....
Archived
Can someone with a restraining order refuse to return property?
Maria's answer
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Answered on November 27, 2018
I agree with my colleague. Also, double check that the restraining order hearing is in April. Those hearings are typically set withing 21 days of...