Archived
When tracing to claim refund of separate property is difficult or impossible, how much can a personal testimony help in the SOC?
David's answer
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Answered on November 07, 2012
In a trial, the court would likely require documentary evidence, and an expert witness (forensic accountant, in this case) would be the best way to...
Archived
My husband was served with divorce papers.
David's answer
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Answered on November 07, 2012
If there is no violence (physical OR verbal/emotional), then it is entirely possible to continue cohabiting while you work to resolve your divorce,...
Archived
My boyfriend filed a restraining order against me he chose not to have me served by police. It's been 5days
David's answer
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Answered on November 07, 2012
A restraining order that has never been properly served has no legal effect, and if he does not appear in court then the judge will mark the case...
Archived
By when latest can the respondent change a legal separation case into dissolution?
David's answer
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Answered on November 07, 2012
If the two parties agree to convert the case to a divorce, then you might try submitting a stipulation and order amending the petition.
In...
Archived
I was divorced in California 9/27/11... Alimony and division left open,,i want to file for Alimony
David's answer
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Answered on November 06, 2012
You should file a motion for spousal support AND attorney's fees. You may be able to find an attorney to help you on a limited scope basis with...
Criminal Sanctions for false accusations of child abuse during a child custody case
David's answer
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Answered on November 05, 2012
You should look to Family Code Section 3027.1, which discusses knowingly false allegations of child abuse made during custody proceedings and the...
What's the statute of limitations to file an OSC for attorney fees and costs
David's answer
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Answered on November 03, 2012
This is a fact-sensitive question, meaning that the details of the history that happened will possibly make a big difference. I think that you had...
What should I anticipate at the child support arraignment?
David's answer
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Answered on November 03, 2012
This is a VERY fact-sensitive question. You NEED to get a lawyer to defend you. If you are indigent, then ask the court to appoint an Independent...
Archived
Child Support Modification
David's answer
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Answered on November 02, 2012
The Family Code allows hardship deductions for support paid for children from a different marriage. The applicable section is 4071. It specifies...
Archived
Options for getting a part of marital estate in CA, we are divorcing in India.
David's answer
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Answered on November 02, 2012
If you own property in California, then you have marital and property rights in California. I do not have any knowledge regarding the laws of...
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