Can UNKNOWN claims/rights be waived/released in a divorce contract that general mutual waiver/release that doesn't say so?
Richard's answer
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Answered on May 03, 2020
Some claims cannot be waived. For example, your rights under Family Code section 2556 - omitted assets and debts - cannot be waived.
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Could I buy a house with my own savings somewhere cheaper and away from my husband and inlaws ?
Richard's answer
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Answered on April 23, 2020
If either you or your spouse has filed for divorce, you will need a Court Order that authorizes your move away with your child. Here is the...
Archived
In a divorce (in any state), is inheritance ever considered an asset that can be divided?
Richard's answer
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Answered on April 23, 2020
In California, inheritances are separate property. No prenuptial agreement or postnuptial agreement is needed. See Family Code 770. ...
How would language of MSA mutual release and waiver of "parties release/waive all.......each may now have...." be interpreted?
Richard's answer
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Answered on April 23, 2020
To provide an informed opinion, a family attorney would have to review the entire agreement.
Nonetheless, a party's failure to fully disclose...
What is a minor counsel? How does it help me? How does it help the case? Why should it be used? What are its pros and cons?
Richard's answer
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Answered on April 19, 2020
I have had mixed results using minor's counsel and do approach it with reservations.
Some points to consider:
Cons: The cost. Absent a fee...
Our child support order needs to be updated. Exh is not sharing his interest rate on his mortgage. How can I find it?
Richard's answer
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Answered on April 19, 2020
Send him a Form FL-396 as Attorney Yomtov has pointed out.
I encourage you to do so using a professional process server as service might become...
Is it smart to move out of the house I own because my husband is cheating on me ?
Richard's answer
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Answered on April 19, 2020
File a temporary restraining order. Here is contact information for the Family Law Facilitator in your area:
Los Angeles County Family Law...
Whats the first thing I should do to take my ex off my sons birth certificate?
Richard's answer
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Answered on April 19, 2020
If the "father" listed on the birth certificate wants to remain the father, you are going to have a difficult time getting his name removed given...
Archived
In a divorce, do the laws of the state the couple got married in, or the state they are residing in at time of divorce apply?
Richard's answer
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Answered on April 15, 2020
You can privately decide with your fiancee which state's laws apply in the prenup.
But go beyond that. List the items that each owns in the...
Can a private school give someone (not parent) access to child's files just because that person pays tuition?
Richard's answer
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Answered on April 15, 2020
No, that should not happen. The school is violating your rights as a parent. The third party has no custody rights.
Send the school a cease...