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My wife got a divorce while i was incarcerated, i was never served, can i reopen the case, i'm in california
Edmund's answer
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Answered on October 16, 2011
I am assuming that the divorce was entered as a default. You can file a Motion to set aside the default based on lack of service. You should talk...
Archived
Does the date on the document and the proof of service have to be the same?
Edmund's answer
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Answered on October 16, 2011
No. It is possible that the two dates are not the same. The proof of service date is always after the document date because how can you service...
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I owned a house with my grandmother in 2002. In 2004 I got married and she signed her half over to me via a quit-claim.
Edmund's answer
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Answered on October 16, 2011
It appears that your spouse breeched his fiduciary duty when he managed your funds. The funds appear to be your separate property and it is...
With custody issues, what does the court typically mean by "best interest of the child?"
Edmund's answer
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Answered on October 16, 2011
Family Code 3011 is a general list of items the court is to consider when determining the best interest of the minor child. One of those tests is...
Archived
What time frame do I give the father for pick up?
Edmund's answer
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Answered on October 16, 2011
While there should be no reason to contact the Father prior to the scheduled holiday time if you think he is going to mess up for your children's...
Am I entitled to my wife's workers comp settlement if we divorce?
Edmund's answer
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Answered on October 16, 2011
You are still legally married until someone files for divorce and it is finalized.
The part of the worker's comp claim that is for future earnings...
Archived
Is Joinder valid and enforceable?
Edmund's answer
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Answered on October 16, 2011
If you received the Appearance and Response they have been served. They will file their Notice and response with the court and sent you a copy as...
Archived
What evidence holds up in mediation for a child custody case(unmarried)? We can't afford attorneys so I've requested mediation.
Edmund's answer
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Answered on October 16, 2011
When you file to establish or modify child custody or visitation you are automatically referred to mediation. (Family Code 3170) There are two...
Archived
What is the court order to enforce an ex-spouse to get an education to enter workforce?
Edmund's answer
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Answered on October 15, 2011
The Gavron warning is the court order to become self supporting in a reasonable amount of time. It is also under Family Code 4330 (b).
I do not...
Archived
Can a judge change what she ruled in a custody case
Edmund's answer
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Answered on October 15, 2011
There would have to be compelling evidence for the judge to change her mind based on the limited facts you have presented. You need to discuss...
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