We are in the divorce process. My spouse has two criminal records already. one of them is the domestic violence. My children are witness of it. Secondly, I am the only person who takes care of my children- health, education, activities, food nutri...
Go to your mediation, ask for sole custody and ask for permission to relocate. When he doesn't agree, you'll have the opportunity (soon after) to have a custody conference with the judge (a JCC). You can bring it up again at that JCC, but like mediation, no orders are issued unless dad agrees.
If you can't get dad to agree at the JCC, then file a motion asking for permission to be allowed to move with the children. In fact, if you have concrete plans, you should consider starting with this.See question
My fiance is currently paying close to $1,100 in child support. When we get married, can his child support obligation increase since our income will be combined at that point? (That's if his former spouse takes him back to child support court)
Your income cannot be used to calculate child support, by law.
What may happen, however, is that - by virtue of your marriage - his taxes may go down. If this happens, this will leave him with more income "available for support," which could affect his child support obligation.See question
We were married in Tiajuana over 20 years ago, lived as married and separated. We are both US citizens. There is no record of our marriage in the united states. Am I unmarried? or Do I have to divorce in the US officially? If I get remarried will...
If your marriage was valid and legal in Tijuana, then you are married, and you cannot remarry without first getting divorced. If you live in California, you would do that in California, using California law.
Depending upon how long ago you separated, there may or may not be any issue of property division. But you can certainly get your marital status terminated, so that you may remarry.
Do you know where your spouse is?See question
When I got married last year, I was asked if I want to keep my maiden last name to which I said Yes. I was then asked if I wished to change my name in the future and take my husband's last name, what would you like it to be? I gave her my first na...
If your status in the U.S. is safe and secure, you can always go to court and officially change your name.
But you might want to try and straighten this out with USCIS. Changing the category to "Immigration" so that you'll get advice from immigration attorneys on this.See question
Hi, My ex is not following the orders on child support that we stipulated so I need to file at the family court regarding this. However, I have moved from Norcal to Socal and since it will be hard for me to appear in court ( who knows how many ...
The test for transferring the case to a different county is not one parent's convenience, it is the location of the majority of the evidence regarding the issue at hand. In this case, that would be regarding finances, so no witness testimony would be required.
You can file an RFO to transfer the case but, as Ms. Perez states, you would need to give your ex notice and they would get to object to the transfer.
You might also apply for permission of the court to appear by telephone. You will have to put this in your RFO seeking compliance with child support orders, though, and you'd have to give good reasons for it. Inconvenience will likely not cut it. If you need to attend to your child, who attends school down south, etc., then this might work.
Best of luck.See question
Will hopefully be filing for divorce soon (if I can figure out how to do it on my own). Is there anyway to request emergency child/spousal support?
File a Request for Orders (RFO) asking for child and spousal support at the same time that you file your Petition. Ask for the court to set the hearing on shortened time, so that you don't have to wait too long for orders. Be prepared to offer evidence regarding your AND your spouse's income.
If you need help, hire counsel. If you think you can't afford counsel, consider asking for a free consultation. They may tell you that your spouse might be ordered to pay some of your fees. You can even ask for pendente lite fees, which is lawyer-talk for "up front fees."
If that's still not to your liking, but you need help, the court has a free Self Help Clinic. (http://www.scscourt.org/self_help/family/family_help.shtml)See question
I would like to file a breach of fiduciary claim and all attorney fees and costs on my ex-spouse due to recent discovery of an asset that he had acquired long before the date of separation. He intentionally omitted to disclose this asset in the I...
Any time someone files a motion that involves child or spousal support, OR attorney's fees, then they must file a current Income & Expense Declaration, as well. That's the rule.
The California court has no jurisdiction over property in India. If it was marital property, then the best you could do is get compensation for your share of the quasi-community property value, payment to be made from other source.
As to whether the this property is even quasi-community property, it depends upon many factors. It may not even be a marital asset, in which case you have no claims to it, disclosure or no disclosure. If he inherited it, then it's not quasi-community property, for example. On the other hand, if he acquired it during marriage from earnings or savings acquired during the marriage, then it will be quasi-community property..See question
My ex served me with ex parte requesting a stop from traveling outside CA, because I asked for an extra day from him to travel over the next weekend. He's doing that just basically because I talked to him a month before about my desire to move out...
What happens if you don't respond? Then the judge only hears your ex's side of the story.
If your ex can convince the judge that you're a flight risk, the judge will err on the side of caution and order you to not leave. So you need to explain what you have stated here: That it's only a vacation, that you've always returned from vacations, and that you would not dare move out of the county without seeking either his permission or a court order.See question
I paid some of down payment for other party's rental property before marriage. The property FMV is increased during our marriage. Can I get partial of the property in divorce?
You can get your money back. Whether or not you can get a share of the appreciation depends upon what measures you took when you made this contribution, and what actions may have been taken by the two of you after marriage.
You should consult with an experienced Family Law attorney to find out what your options are.See question
I was granted publication of divorce summons in India. I submitted the court the copy of ad from 4 weeks. Now court wants proof of publication . What does the newspaper need to provide and what has to be included in that letter. The newspaper in I...
Look on your Order for Publication, page 2: Instructions. Under "Publication," Paragraph 2 says, "Proof of Service by Publication: After the newspaper publication is complete, the newspaper will send you a declaration or affidavit of publication and a copy of the publication notice that appeared in the newspaper. You must file this declaration or affidavit of publication with the court clerk if it has not been filed by the newspaper. Be sure to make a copy for yourself."
So, you need to get this form from the publishing paper. If they do not know what this is, then see if you can't get a blank one from a local newspaper.See question