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James Louis Miller
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James Miller’s Answers

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  • My wife filed a restraining order against me , and used my bank account after she filled Restraining order, would she be b

    my wife filled two falsy allegation of DV against me and restraining order for her and our two kids

    James’s Answer

    You are still married therefore your wife is authorized to use community funds to care for herself and the children (necessities of life).

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  • Can her aunt repo the truck legally or will she have to go to court first??

    I'm getting divorced my wife's aunt (long story) loaned us money for my truck to pay it off after my wife went bankrupt. We own a 200,000 a yr business now and said business was paying the note but my wife decided to stop paying the note without t...

    James’s Answer

    One suggestion would be for you to pay the note since you are driving the truck. The community property aspect of the truck will be dealt with in Court which does not help you right now. Pay the note until the Court makes orders. You can also ask the Court for temporary use and possession of the truck although you may also be ordered to make the payments.

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  • How can I get help? I am afraid to leave house as they have threatened to destroy family heirlooms and I have no money - nothing

    Follow up to my question "Can she force me to move out?" Thank you for the responses. Frankly I am desperate. I am largely bedridden now due to what they call post exertion malaise that comes from physical, mental, or emotional stress of people w...

    James’s Answer

    You have an iPad (I can run my office on an iPad) Contact the police, the hospital, and like my colleague said use social media. You have the world at your finger tips with the iPad and wifi or internet.

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  • How is a family lawyer different from a lawyer that handles divorce, child custody, and child support?

    Is it just a broader category of those 3 things?

    James’s Answer

    One and the same. Now there are some attorneys that only handle one aspect of family law, i.e. divorce, child custody, support but for the most part a family law attorney handles all those areas.

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  • How can I enter an appraisal into evidence? Can I just add the appraisal to my statement of issues and contentions?

    I am unfortunately headed to trial in my divorce case. My spouse is trying to lowball me to buy out the equity in my home. I need to enter my appraisal into evidence in the most cost effective way possible. Also, trial is only 40 days out!

    James’s Answer

    Check your local rules but normally 10 days prior to the trial (I would do it sooner) you need to submit a witness list and exhibit list to the other side and to the court. You will also need to subpoena the appraiser to the trial so he/she can authenticate the appraisal. The appraisal by itself is hearsay and cannot be accepted into evidence without the author to authenticate.

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  • How do I separate a shared asset, our newly bought car, so that I can gain sole ownership and possibly lower payments?

    I'm moving out and eventually divorcing my abusive husband. He's been in a program for the last year, has shown great improvement, but is still a threat to me. We have one shared asset, a new car, and my name is in association with a few bills. My...

    James’s Answer

    You definitely need an attorney to help you understand about community property. As my colleague stated we cannot solicit clients from this site. Contact the Bar Association in your area for a list of Family Law attorneys.

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  • What, if anything, are my options? Do I contact the District Attorney? Notify the court?

    I have long suspected that my wife has been seeing someone else. I have recently acquired information that suggests that she has secretly married this other person. Bigamy is not legal in California. I have been preparing divorce papers but a frie...

    James’s Answer

    Do the divorce papers. As my colleagues have stated the DA is not concerned with bigamy. That marriage is void (which means it does not exist in the eyes of the law) Forget about the bigamy and deal with your divorce.

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  • How can i contact the judge in this case to notify the real story behind the scene?

    Current foster parent to a 21month old. Been in my care since 2 month old. His being neglected cps failing to protect the child. Cps has fail to hear me and the pediatrician to not only child being physically abuse and neglect-ion from emotional...

    James’s Answer

    You are not permitted ex-parte communications with the Judge. You need to file a motion to get the matter in front of a Judge. You can also contact County Counsel.

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  • Can my ex file for Child Support/Spousal Support while on Welfare?

    My ex-husband is currently receiving CalWorks, SNAP and Medi-cal through the state. I have primary custody of our daughter. When he signed up for the government programs, they opened up a case to see if I owed him child support, which they deter...

    James’s Answer

    Normally once a parent goes on aid Child Support Services will file their own child support case. You can tell him no and let the system work, don't let him pressure you into giving him money.

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  • We have limited means. My wife has a pricey atty. I can't afford my atty & am nearly out of $. Options for protecting our child?

    I'm in the midst of a divorce involving a custody dispute with a special needs child. Her mother, who has been a stay-at-home parent, is mentally ill and a daily medical marijuana user. She struggles just to get through each day, let alone care fo...

    James’s Answer

    As my colleague stated you can file for attorney fees so you can be on an equal footing with your spouse. As far as the other facts you listed I'm at a loss because you live there too and allow your child to live there. If you have all these videos and the health, safety or welfare of the child is in danger you need to file an ex-parte requesting temporary orders.

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