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John Henry Perrott
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John Perrott’s Answers

340 total


  • Can I get divorced in USA,if my husband is in other country from past couple of years?

    I got married in 2013 in India.Since then my husband and his family members started harassing me to bring more and more money and properties in name of dowry from my parents.There was no boundaries for their harassment,they bet me,tried killing me...

    John’s Answer

    You can file a Petition in California, and attach the current/recent India Pleadings to it, asking the Court here to make a companion Judgment once the India Court rules on the divorce over there. Alas, what you cannot do is to ask California to give you a divorce after you have already asked India for the same thing. Unfortunately, if things are frozen in India you may actually need to dismiss that case and then file here, and get it served. Whether you soon to be ex will dodge service in India is unknown at this time, and simply getting things moving in India may be the better choice.

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  • Will pressing charges for theft grand larceny in criminal court help me in family court?

    I am the victim of fabricated DV claims. While my ex gf, never married. She never got my home with the ex Parte temp order, but I was still temporarily evicted. In family court 1st day of trial before the continuance my ex was granted to enter my ...

    John’s Answer

    With all the evidence that you say you have I assume that you have filed a Declaration with the Family Court detailing how she directly disobeyed the Judge's Order to only take her own stuff? If not, then you should do so. Letting the Judge know that she violated the Court Order and stole about $10K is the safer course for you. The point to focus on is this: her action(s) in stealing, were aggressive actions of the sort that a Domestic Violence Perpetrator would do. You action, in telling the Court and asking for help fits the DV victim profile more closely. If you call the police and go after her you risk making yourself look like the aggressor, right when the Court is trying to figure out who the aggressor really is. ,

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  • Can a family law judge in San Diego make an interim custody order after shortening time on an ex parte basis?

    Petitioner decided to home school children because they were doing poorly in public school. An order exists that she cannot remove the children from public school without providing a letter from the public school administration that supports the r...

    John’s Answer

    The Court can make temporary emergency orders. The proper way to deal with this is to get your evidence together and show that the Court should NOT make those Orders. Try to focus on the best interests of the minor children instead of how dishonest the other parent is. It can be hard to do, but it really is different to say "She should be denied because she is a liar" than to say "She should be denied, because what she is asking for is not what is best for our children."

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  • Will my initial divorce paperwork expire before I submit my final divorce documentation?

    The reason I ask is after the initial filling, things are taking longer than expected to agree upon. We are going back and forth on belongings and custody and cant reach an agreement. Thanks

    John’s Answer

    I think that I agree with attorney Straus, as it does take 5 years going by before the Court can dismiss your divorce case. The facts you state are minimal, and if in fact you and your soon to be ex have been negotiating for about 5 years, then I suggest that you ask the Court to put a Status Conference on calendar, and ask the Court to allow the case to go on longer.

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  • I need an advice on divorce issue.

    I have been married for last ten years and has small kid from that marriage. My husband harass me a lot insulting and abusing me all the time. Presently I am not working but when I was working he was taking all my salary . If I will file a divorce...

    John’s Answer

    Unfortunately, instances of Domestic Violence, harassment, and control seem to be pretty common. Because no one (except for the abuser) is in favor of abuse you can expect that if you show that what you have stated is true the Family Court will favor you over your abusive spouse practically every time. That means that you are A LOT less helpless than you may feel. Nevertheless, you need to get some initial help getting free. A couple links to look at are:

    http://www.probonoproject.org/contact/

    http://www.scscourt.org/self_help/shcflfo.shtml

    The Family law Self Help Clinic can help you with getting a Fee Waiver so you can file your papers with the Court, and the Pro Bono Project may be able to help you by either taking your case or giving you more information referrals. If you show the Court that things are the way you described them, then you may be able (depending on husband's finances) to get a Fee Order so that your husband pays towards your fees and then go shopping around town for a good Family ,Law Attorney. Good luck.

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  • Am I suppose to go back to the family self help center to file for paternity?

    I just got out of my "Notice of Trial and Setting conference" and nothing was resolved. My case has been roughly going on for almost 2 years. I filed for visitation, custody and for a paternity test but it seems like the court skipped the paternit...

    John’s Answer

    I agree with attorney Routledge: The Court will not require you to file twice for Paternity. Before the next hearing you should file a Declaration stating that you looked for DNA testing sites, which sites you think are OK, and telling how you contacted the other party, but they did not respond. You could use the attached form (assuming you fill in your case number and other information) to do this):

    http://www.courts.ca.gov/documents/mc030.pdf

    By filing a Declaration telling the Court what is going on (or not going on) you can help the Court to know what needs to get done next.

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  • Will CAL PERS pay "Survivor Continuance" benefits to a divorced spouse if court ordered? Site says divorced spouse not eligible

    CAL Pers has 2 programs. Survivor benefit and Survivor Continuance. In a long term marriage will Cal Pers honor a court order to pay Survivor Continuance benefits specified in the contract to a divorced spouse? Their website says no, that the div...

    John’s Answer

    The Family Court has jurisdiction to award and/or divide the property that the parties own at the time the Court makes its Order. If this "Survivor Continuance" Benefit was owned by the parties when the Order was made, then the Order may end up being respected. I expect that will not prove to be the case, though. If CALPERS "Deal" with your Ex was that you had to stay married to get this Benefit, then you probably waived it by divorcing.

    Nevertheless, an observation: whether or not you can get this Benefit could be a question worth many thousands of dollars over the years. Are you really going to just take their web page(s) word for it? I think you should ask for the benefits documents, and then probably also consider hiring a good attorney to double check on this.

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  • My mother is suing me for Grandparent rights.

    My mother is suing for grandparent rights. I read that if the parents are married, that she cannot file for grandparent rights. My boyfriend and I are not currently married. We have already been served the court papers. If we get married after we ...

    John’s Answer

    These sorts of cases can easily become very fact intensive, so any suggestions made here are based on limited information. Consulting face to face with a good Family law Attorney is recommended. Nevertheless, I do suggest that you read Family Code 3013(d) & Family Code 3104 (e), and consider filing two Declarations (one signed by each parent) stating very bluntly that you agree with the other parent that visitation with grandma is not appropriate. Please look at the link below:

    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3100-3105

    While the rebuttable presumption may not be as strong as the provision in Family Code 3104(b), it will nevertheless strengthen your position to make grandma try to get past the rebuttable presumption. Of course, if you and your boyfriend love each other, then getting married may be the best option. If you do not love your boyfriend, then marrying someone you do not love to make grandma angry, just before you might need her help a lot, might be a real disaster of a decision.

    I think you should consult, face to face, with a good Family Law Attorney.

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  • Deposition of minor children in divorce case

    Can a 14 year old be required to give deposition in a divorce case?

    John’s Answer

    Attorney Waxman's answer is insightful and most likely will prove correct. There is a small chance that the Court may prefer any actually shown to be necessary testimony to be provided by way of Deposition instead of appearing in the Courtroom, but for the most part, trying to force a 14 year old child to testify against the other parent will be an uphill battle, and you will risk having the Court hate you for it. I suggest carefully weighing the value of the child's testimony before proceeding, as doing this is a lot like playing with dynamite with a very short fuse.

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