Archived
Does the six month wait period restart if I re-serve my wife the amended Legal Separation to Divorce petition?
Martha's answer
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Answered on March 25, 2013
No, the six month waiting period began when th court acquired original jurisdiction (i.e. when wife properly served with summons and petition for...
Archived
I purchased/ financed a car 3 years prior to getting married and paid it off 1 year into marriage is it joint property in Ca?
Martha's answer
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Answered on March 25, 2013
If title is in your name alone, then it is separate property and the community has an interest in the vehicle to the extent community money was...
Archived
Can I limit what time in the evening my kids call their Mom?
Martha's answer
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Answered on March 25, 2013
You should first check the details in your custody/.visitation orders to see if there is any mention of the right to call Mom, to make sure there...
Archived
How do I request to have an arrearage amount dismissed?
Martha's answer
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Answered on March 25, 2013
File a request for order to determine arrears. See generally Family Code, §§ 4720–4732. You would use the FL 300 and along with it FL 1296.91. . ...
Archived
Document to Prevent Child support?
Martha's answer
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Answered on March 25, 2013
I recommend that you get a paternity test done to see if you are the father or not. If it comes out negative, you have your document. If it comes...
Archived
How do I go about having a domestic violence restraining order to someone who keeps evading the server?
Martha's answer
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Answered on March 25, 2013
I recommend handing it over to the sheriff to serve, but you might need to have it re -issued, depending on how close you are to the court date. ...
Archived
Can proof of infidelity affect decisions on physical child custody or responsibility in financial split?
Martha's answer
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Answered on March 21, 2013
I agree with the excellent advice by counsel and could not have said it any better.
Archived
Can I offset spousal support payments because I paid the mortgage on our house after she moved out?
Martha's answer
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Answered on March 21, 2013
First, you need to review all your court orders other than the judgment containing the MSA, to see if the court previously dealt with issues...
Archived
Can I cancel my spouse Health Insurance when applied for Divorce?
Martha's answer
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Answered on March 21, 2013
Assuming the summons and petition have been properly served on the other party, both parties in a dissolution proceedings are subject to automatic...
Archived
Can a prenuptial agreement contain a clause that effectively has the child support paid back?
Martha's answer
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Answered on March 19, 2013
I agree with the excellent advice given by counsel. Any such provision would likely be held to be against public policy and not enforceable
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