Archived
My wife and I are currently separating. We bought our house together in 09. She put the down payment down.
Wail's answer
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Answered on September 14, 2015
The house is community property but the other party is entitled to reimbursement for their separate property contribution to the down payment. So...
Archived
What is default against a man for paternity and calculating child support?
Wail's answer
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Answered on September 14, 2015
Default means the other party has failed to respond after 30 days of being served with the summons and petition.
Archived
Can you still be able to have a divorce without the other parties signature?
Wail's answer
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Answered on September 11, 2015
If you cant find them to serve them, you need to serve by publication. Consult with an experienced family law attorney.
Archived
Can you win on appeal based on the other parties lack of response?
Wail's answer
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Answered on September 11, 2015
No, even if there is no response they will determine the case on the merits of the argument.
Can I serve a petitioner's attorney instead of the petitioner after filing divorce document?
Wail's answer
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Answered on September 11, 2015
If you are talking about the response to petition, you can serve the attorney by mail.
Archived
Status hearing with a marital agreement.
Wail's answer
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Answered on September 11, 2015
probably not, the judge will ask you about the status of the case and you will tell him that you submitted the judgment with the MSA attached, the...
Archived
When does the 6 month waiting period for divorce begin in California?
Wail's answer
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Answered on September 11, 2015
The dissolution can be entered in six months and one day after the service is complete; i.e., when the newspaper submit an affidavit of publishing...
Archived
Family law. Can i do an ex parte hearing. Child custody status hearing coming up.
Wail's answer
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Answered on September 10, 2015
Ex parte will only be granted if there is some sort of imminent harm. From the facts you have provided this would not qualify.
Archived
Do I file my divorce under my name on the marriage certificate or my current legal name?
Wail's answer
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Answered on September 09, 2015
Current legal name. You can request to have your name restored however.
Archived
Default judgement with marital agreement. Spouse is active duty.
Wail's answer
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Answered on September 09, 2015
You can proceed by default without him being there if he did not respond.