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My ex-wife wants me to sign a qdro, do I need to have it reviewed by an attorney or is it just a formality?
David's answer
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Answered on October 17, 2014
It is not just a formality and not all Qualified Domestic Relations Orders (QDRO) are the same. I would say that most QDROs are prepared by...
Archived
What's the next step after response?
David's answer
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Answered on October 17, 2014
This is a fairly broad question as it depends on where you are in the process and what has already been done. At minimum for a divorce case, both...
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When dividing community and separate property, what individual items would be consider separate or community?
David's answer
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Answered on October 17, 2014
The items you described are community property. Anything acquired during the marriage is presumed community property except for items acquired by...
Can I be "served" for an ex-parte hearing by phone?
David's answer
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Answered on October 15, 2014
You are not served with the ex-parte over the phone. However, the procedure is that you are given notice over the telephone of the ex parte...
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Can my husband's ex get spousal support again once the order is terminated in CA?
David's answer
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Answered on October 14, 2014
It will depend on the reading of the order that they signed earlier this year. It is unlikely that the ex could come back and request spousal...
Archived
When serving family law papers that indicate a court appearance date, what is the time-frame in which they need to be served?
David's answer
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Answered on October 14, 2014
The time limit is actually found in the Code of Civil Procedure and not the Family Code. Code of Civil Procedure section 1005(b) indicates that...
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I need a lawyer to pursue modification of child support. I have been divorced for 5 years and ex recently got permanent job.
David's answer
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Answered on October 14, 2014
You are correct that you should likely get an attorney. You need to file a Request for Orders for modification of child support. Then you need to...
Archived
Removing spouse off of employer sponsored medical insurance
David's answer
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Answered on October 14, 2014
No you can not change the health insurance until you are divorced. You are subject to Automatic Temporary Restraining Orders that went into place...
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Special Interrogatories- Family Law
David's answer
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Answered on October 14, 2014
Assuming that you were properly served with the special interrogatories, I suggest you respond within the 30 day period (35 if served by mail). If...
Served with an AT-Issue Memorandum? Divorce.
David's answer
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Answered on October 10, 2014
The At-Issue Memorandum is essentially telling the court that a party believes the case is ready to go to trial. You have the option to file a...