Archived
If I file a divorce petition in CA on 7/1/13, does the divorce become finalized and effective 1/1/14, and not a day before?
Benjamin's answer
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Answered on June 12, 2013
Not necessarily. A few different variables can come into play. A divorce decree is not automatic after the 6 month mark. You will not be officially...
How do I find out if my spouse has filed for divorce before I'm actually served? Does he have to file in county we were married?
Benjamin's answer
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Answered on June 12, 2013
You have to file your marriage dissolution petition based on your zip code. Here is a link to determine what court he could have potentially filed...
Archived
What are the most important things considered on a custody battle? How to deal with a father with NPD disorder? I am scared!
Benjamin's answer
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Answered on June 09, 2013
The standard when it comes to determining child custody and visitation is BEST INTEREST of the child. If you are aware of any traits or behaviors...
Archived
Is it community property if husband & wife on the title, have a prenup, and only 1 is paying the mortgage using personal funds?
Benjamin's answer
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Answered on June 09, 2013
If the funds can be traced back to separate funds, the funds will likely be determined to be separate property specially in light of the pre-nup...
Archived
My sons dad wants to give me his half of custody back to me. how can he start that process? and what does it involve?
Benjamin's answer
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Answered on June 09, 2013
You should have an attorney draft a stipulation and order for you. When both parents agree to a custody and visitation agreement this should be put...
Archived
Open and shut case. Domestic violence restraining order.
Benjamin's answer
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Answered on June 09, 2013
Sounds like you need to meet with an attorney and discuss your history of domestic violence. It is not clear what you ex is bringing you to court...
Archived
Do I have legal rights to move 14 yr old to another state after death of father?
Benjamin's answer
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Answered on June 08, 2013
When custodial parent dies, the non-custodial parent gets custody over the child. The father's family could request the court to be guardians if...
Archived
I need help in figuring out what is going on with my divorce.
Benjamin's answer
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Answered on June 03, 2013
You are definitely missing some important facts here. Is your friend an attorney? Why was your friend filing your divorce? Is this friend your...
Archived
Husband wants a divorce
Benjamin's answer
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Answered on June 03, 2013
I agree with the previous answer. You should talk to an attorney before you take any action. You can call the San Diego County Bar Association and...
Archived
Am I entitled to reinvestment of his inheritance?
Benjamin's answer
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Answered on June 02, 2013
Hiring a lawyer would definitely help specially given the facts of your case. Inheritances are separate property, therefore you would not be...
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