My wife and I have been married for 9 years. We have two children. She would like an annulment rather than a divorce. Is this possible? We were married in CA and still live in CA.
The short answer is "no." You can search via Google the factors that must exist to get a judgment of nullity (i.e., an annulment). My suggestion is to obtain a judgment of dissolution (divorce) via "mediation." Mediation is typically the most expedient and cost effective way to go through the process.See question
My wife and I are residents of CA in a nearly 30 year marriage. Two children of this marriage, are both over 20 yrs. We remain in agreement our individual 401k savings is our individual property. At this point mediation is the way we wish to pro...
Yes. Just make sure that you properly draft your settlement agreement.See question
My husband has Alzheimer's and is in a facility. I have durable POA. He is not able to even write his name any longer.
It only takes one party to seek a divorce in CA, based on "irreconcilable difference." Hence, for whatever reason, if you want a divorce, you can seek one. I'm not saying that you should, or that's it is prudent given whatever the circumstances are in your situation. Just saying that you can seek one if you want.
If your husband is deemed an "incompetent" spouse, then he would need the appointment of a guardian ad litem to establish a conservatorship. that guardian would then step in the incompetent person's shoes during the divorce process, for instance, when it comes to establishing terms by agreement or court order.
As part of any divorce proceeding, it is a fairly simple process to establish the guardian appointment by the proposed guardian by filing what is called an Ex Parte Application and Order for Appointment of Guardian Ad Litem.
Again, I am only speaking to the court process of obtaining a divorce from a person deemed incompetent. II am not speaking to the merits (or lack thereof) of obtaining a divorce judgment from an "incompetent" person, including the financial ramifications.See question
I have a current child support order. There was never any type of visitation guidlines set... the time with parent is, but but a lot of the specifics are not. Such as meeting times, meeting half way etc... So far, ive done 100% of the traveling to...
Yes, a parent can ask to modify a custody order to include details such as transportation sharing responsibility. You can also ask to modify the child support order to include transportation cost sharing terms.See question
My lawyer wants every statement I have. My ex and I came up with our own agreement. We just want the divorce. Do i have to go through giving her all those statements?
To better answer your question, you'd need to clarify: "every statement I have." Such description makes is sound like your attorney wants more documents than are necessary. Did your lawyer clarify with you exactly what documents she wants, and explain why? If you think your lawyer's request may be overkill, ask her the specific reasons behind her request. She should be able to provide a clear answer (for instance, the reasons suggested by the other attorney's on here).
You can also look at the instructions on the preliminary disclosure forms (FL-142 and FL-150). Those instructions state what supporting documents a party must provide with their disclosure forms. You can also go to Google and look up California Family Code section 2104.See question
How lnog does divorce taek
I think your question is referring to the statutory waiting period mandated in California. It is 6 months from the date that the Respondent is "served" with the Divorce Petition.
As for how long it takes for any couple to resolve their divorce issues, that depends entirely on the couple. Some people can reach agreements very quickly. Others fight it out for years.See question
The California court ordered the childcare and uninsured medical add-on but now Father is declaring that age 11 no longer should require care. The court orders do not discuss an end age for childcare. Is there one?
Ditto on what Mr. Miller said. The terms specified in the order are what should guide you. There is no law that child support add-ons terminate early.See question
I am going to marry someone with considerable debt and want a prenuptial agreement so that I am not responsible for any debt incurred before our marriage. Is this something that can simply be done? Lastly, she also owns a house and might want ...
Debt incurred by one spouse prior to marriage is considered that spouses separate debt. If you wish, you can research via Google these issues, such as: "CA divorce allocation of debt" or "debt incurred before marriage" or any related search terms. You'll likely find a number of articles discussing this issue.
Regarding the house, if it's owned before marriage, which you said it is (presumably as a TIC; "tenants in common," then it is not community property, and does not become community property simply by the act of a person getting married. However, the "community" may gain an interest depending on the acts of the parties after marriage, for instance, paying down principle on the mortgage with community funds (e.g., either party's income after marriage), making capital improvements, etc.
I suggest one of you hire a lawyer to draft a premarital agreement if you want to alter how CA community properly laws may apply to your case upon any legal separation or marriage dissolution. One party typically hired a "drafting" attorney, and the other party hires another, independent lawyer as the "reviewing" attorney. It's very important that both parties have their own independent counsel.See question
Me and my husband are married for 2.5 yrs and separating amicably. What would it cost to draft a separation agreement with an attorney? I think since we are on amicable terms, it would be wise to get all the work done now but the dilemma is when I...
You can both jointly hire a "mediator." A mediator does not represent either party. Rather, he/she helps the parties understand their respective rights, and craft mutually acceptable agreements in a neutral manner. Both parties meet with the mediator simultaneously, and work out settlement terms. Once reached, the mediator can draft up all the paperwork and file it with the court. This process is much cheaper than both parties hiring their own lawyer, and it also saves time, as there is no back and forth between lawyers. If either party wants their own lawyer to review any agreements or otherwise advise him/her, that can happen as part of the mediation process. Yet, many people never hire their own lawyer as part of mediation, as the mediator helps both parties understand their rights, and options.See question
We currently have a custody/visitation order with an attachment stating that all communication (including text and email) be conducted in a respectful and business-like manner. Non-custodial parent bombards me with emails/text message with the ...
I'm sure receiving such communications can be annoying. However, he's doing you a favor, and himself harm, in regards to providing you with evidence of his hostile attitude and other problematic behavior. If you find yourself in court again disputing any custody related issues, and his behavior is relevant to the court's decision, he has provided written proof of such behavior. In other words, it's won't simply be your word against his.
Print and store all those texts for future reference.
In the meantime, don't respond in kind. You can simply ignore his rants, and instead, respond only about important issues related to the kids. When you respond, be overly polite and professional.
Keep this thought in mind: If you give people enough rope, they'll usually hang themselves with it.See question