Archived
My wife filed for divorce hours before I filed in the same courthouse. She served me three days before I served her. What to do?
Wail's answer
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Answered on April 27, 2015
Ask the court to consolidate both cases and deem your petition a response to her filing
Archived
I used inherited funds for the down payment on our primary residence. Is that commingling?
Wail's answer
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Answered on April 27, 2015
I answered this question and asked you to review family code 2640
Archived
If I do not sign the Stipulation & Waiver of Final Declaration of Disclosure will everything automatically go to him?
Wail's answer
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Answered on April 27, 2015
I am assuming that you have not filed a response yet. You can either file a response if the default was not entered or file a motion to set aside...
Archived
I used inherited funds for the down payment on our primary residence. Is that commingling?
Wail's answer
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Answered on April 27, 2015
It may be commingled but if you trace back to separate funds, you can recoup the down payment on the house under Family Code Section 2640
I was married in Fiji islands in April 4th of 2013. I'm US citizen n she is still in Fiji. I want to get a divorce or dissolutio
Wail's answer
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Answered on April 27, 2015
You can file for dissolution in CA and serve her in Fiji, CA has jurisdiction over the dissolution of the marital bond so long as you have been the...
Archived
If I divorce my husband can he take our 2 boys from me just because I am out of work?
Wail's answer
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Answered on April 27, 2015
Courts do not award custody of the children based on a parent's financial situation, they award custody based on the emotional bond and the history...
Archived
I wore a demand letter to my ex's attorney regarding filing for disclosure to move forward to a trial, what if he doesn't reply?
Wail's answer
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Answered on April 21, 2015
This requires a motion to compel. You need to consult with an experienced family law attorney to assist you in this matter.
Archived
The court returned my forms for Legal Separation because I didn't provide a legal description of my properties.
Wail's answer
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Answered on April 20, 2015
Tract and Lot number in addition to the Books and which county; you can find the legal description on your deed.
Archived
Should I represent myself for this family law contempt proceeding?
Wail's answer
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Answered on April 16, 2015
highly unlikely to be jailed; contempt actions are quasi-criminal and the burden of proof is beyond reasonable doubt. I think you should file for...
Archived
What information do I need to submit for financial disclosures if I am self employed for a dissolution with child?
Wail's answer
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Answered on April 16, 2015
You should include the income documentation you do have; i.e. what income you are taking monthly, profit or loss statement.
