Archived
I have no attorney. Do I need to get my Income & Expense Dec stamped by the clerk BEFORE serving on respondent in my case?
Michael's answer
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Answered on March 07, 2013
No. Its the opposite. You cause (by third-party server) the I&E to be served, then file it with a completed proof of service with the court
Its been 30 days from filing a divorce. I haven't been served his response nor do i know if he responded. Can I file a default?
Michael's answer
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Answered on February 26, 2013
NOOOO! The 30 day period is not measures from 30 days from filing the disso petition; it is measured as 30 days from service of the petition and...
Is there a penalty for lying in a declaration in family law?
Michael's answer
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Answered on February 21, 2013
Criminal perjury is the only available 'direct' recourse against a 'lying' litigant because there is an absolute litigation privilege provided by...
Archived
My spouse intentionally waited the last minute to serve me with the TRO, so that I won't be prepared for it on time.
Michael's answer
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Answered on February 08, 2013
Copies of the DVRO papers must be personally served on the respondent at least five days before the hearing. Fam.C. § 243(b).
You have an...
Archived
I have a newborn and a 1 and a half year old. We don't own a house or have any solid finances. What will a divorce cost me?
Michael's answer
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Answered on February 07, 2013
I agree with the prior attorneys' answers: it all depends on your and your spouse's level of cooperation or lack thereof, and the financial...
California civil harassment restraining order and kick out order
Michael's answer
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Answered on February 07, 2013
You mention a kick out order, so I will make the assumption that you live with the person you are needing a restraining order for. If so, you may...
Should I appeal or set aside a family court order on child support?
Michael's answer
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Answered on February 06, 2013
I agree with the other attorneys that the meritorious viability of appeal depends on your circumstances/facts and the record.
But you should...
Archived
Subponea ( Family law)
Michael's answer
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Answered on January 31, 2013
Also, a witness cannot be compelled to attend trial unless he or she is a resident of California at the time of service. Beyond the residence...
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