Archived
I dismissed my divorce case on Jan 07 due to my spouse's bullying, after filing the divorce. How soon can I re-file the divorce?
David's answer
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Answered on January 21, 2014
There is no statute of limitations on re-filing your petition for a divorce.
But if you have a bullying spouse, then please do whatever you...
Archived
Are Watts and Epstein charges discretionary?
David's answer
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Answered on January 17, 2014
It is discretionary, in that it requires either the parties to agree to them or the judge to decide that they are due. If the parties want to...
Archived
Community versus separate property
David's answer
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Answered on January 16, 2014
The sales proceeds from selling his house, which he owned prior to marriage, would be his separate property.
Once he put it into a joint...
Archived
Parent leaving country for four weeks leaving kids with other parent's care. Do I need to get a court order before I leave?
David's answer
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Answered on January 16, 2014
A written agreement between the parents should be all that you need for your trip.
Make sure that your agreement specifies that this change is...
Archived
I am going through a divorce filed by ex. His attorney has asked me to submit all my education, work and financial papers.
David's answer
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Answered on January 16, 2014
Sounds reasonable to me. Whenever the issue of support is before the court, each party has every right to know the details of the other party's...
Is it contempt of court if the other parent won't work with me regarding child pickup?
David's answer
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Answered on January 15, 2014
Contempt of court requires proof, beyond a reasonable doubt, that there were valid orders, that the other parent knew of the orders, and that they...
Ex husband wants 50/50 custody after 7 years with little visitation.
David's answer
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Answered on January 15, 2014
When you say that you have received your "final judgment from mediation" this is unclear. If the order is merely your mediation agreement, now...
Archived
Ex and i have 50/50 custody, will i ever be able to move out of state where i can afford to live?
David's answer
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Answered on January 15, 2014
You will need to file a motion asking the court for permission to move out of state. You will have to indicate your reasons for wanting to move,...
Archived
In a pre nup agreement can the person that draft the papers also be the witness and his attorney.
David's answer
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Answered on January 13, 2014
Since you are in the process of getting a divorce, one of your first actions should have been a motion to have the court determine the validity of...
Archived
Would it be hard to revoke a non-custodial parents rights when he has not made any effort in seeing his child?
David's answer
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Answered on January 13, 2014
It sounds as though the payments fall under the category of "token" support, i.e. not really being there for the child.
Under California law,...
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