Archived
Do I have grounds for a libel case against my ex-wife's psychiatrist saying damaging things about me in a letter to the court?
Richard's answer
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Answered on March 23, 2018
Google California Civil Code section 47. Because of the privilege provided the declarant under that statute in your divorce case, I don't believe...
Archived
If I am going through a divorce does it benefit me to only be on the grant deed and not the mortgage?
Richard's answer
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Answered on March 14, 2018
Can you show that your husband refinanced the property without your knowledge and used the money solely for his separate property debts? If the...
Is it illegal for minors to view pornography?
Richard's answer
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Answered on March 14, 2018
I would encourage you to Google Penal Code section 288.2, which makes it a crime to show pornography to minors. Here is a link: ...
Archived
Can I be there when the defendant gets served ?
Richard's answer
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Answered on March 14, 2018
Yes, absolutely. But have your friend actually serve the papers and fill out the proof of service.
Can my divorce attorney withdraw from my divorce case, ask for substitution of attorney, and not show up to final court date?
Richard's answer
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Answered on March 14, 2018
Your attorney needs the Court's permission to withdraw. He cannot simply abandon you, even if you are behind on the bill.
If you refuse to...
Archived
What happens to property where title is held in one spouses name and the other spouse dues during the divorce proceedings?
Richard's answer
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Answered on March 14, 2018
If your marital status has not yet been terminated by the Court, the family court loses jurisdiction upon the death of a party. If your spouse had...
Archived
What does FL Req: Entey of Default decision = G
Closed = 11/20/2014 mean on a divorce case?
Richard's answer
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Answered on March 11, 2018
Put simply, without a judgment you are still married. As you are in San Jose, go to the records room of 201 N. First Street in downtown San Jose. ...
Can I file divorce when my spouse is in the army?
Richard's answer
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Answered on March 11, 2018
Yes, file for divorce. But point out in your petition that the defendant is currently in the military. Be aggressive. Get them served. Get the...
It is usually a good idea to have the defendant present during the deposition of the plaintiff?
Richard's answer
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Answered on March 11, 2018
I think it is a great idea. Often, a plaintiff will make unexpected factual assertions. Having the defendant present will allow the deposing...
Archived
How would i approach this situation the most efficient way?
Richard's answer
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Answered on March 11, 2018
Consider filing an ex parte application for an emergency screening. Get Family Court Services involved. Include in your detailed declaration the...