Archived
Are retirements earned BEFORE marrage subject to community properity laws? Is it still 50%? How long am I required to pay.
Richard's answer
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Answered on August 28, 2015
Retirement benefits earned before marriage are your separate property - as is any interest or appreciation received on those benefits.
Archived
Does a divorce filing interrupt length of marriage ? Married 10 yrs ago. Separated/filed divorce 3 years ago. Got back together
Richard's answer
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Answered on August 26, 2015
Carefully review Family Code 4336. Marriages that are shorter than 10 years may - depending on the facts - be considered a marriage of "long...
Archived
Who stays in the house in case of divorce
Richard's answer
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Answered on August 26, 2015
If a party purchased and fully paid for the house before marriage, then they will have the upper hand unless the house was refinanced using...
Archived
My fiance is retired veteran. I am employed civilian. If we marry, can his ex request child support based on my income?
Richard's answer
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Answered on August 26, 2015
Your income will not be considered. If her lawyer is good, they can point to his diminished expenses since he is sharing them with you. But your...
Archived
Opposing council in a family law case has set a date for a deposition. How to answer the questions.
Richard's answer
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Answered on August 26, 2015
First, you should hire a lawyer -- even if it is simply to appear at the deposition with you. Second, a tactic I use is to have my client bring...
What do I do if my estranged husband won't give back my gun.
Richard's answer
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Answered on August 26, 2015
Get the Court system involved. File for a legal separation or divorce and further file and serve a request for order to have the firearm -- if it...
Archived
Can I sue ex for lying to retain a temp TRO? It was dismissed after 3 months. I could have proved his fabricated lies but had 10
Richard's answer
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Answered on August 21, 2015
Your plea bargain negates your ability to sue. Moreover, statements made in Court are somewhat privileged under California law and can only serve...
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Archived
Retirement Benefits in Finalizing Divorce
Richard's answer
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Answered on August 21, 2015
Yes you are -- and more. You are also entitled to the appreciation on that retirement portion for the time period in question.
Archived
If a company founder has filed for divorce, does he need to notify his soon-to-be ex-wife that he is receiving equity?
Richard's answer
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Answered on August 21, 2015
The founder is still married. His spouse's attorney will almost certainly argue that some of the assets that he has used to invest in the company...
Archived
How to file marital settlement agreement with the court?
Richard's answer
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Answered on August 21, 2015
Attach it to a judgment form. Check the boxes to make it part of your judgment.