Archived
Is the Notice to Consumer mailed and the Subpoena 002 served simultaneously or not?
Richard's answer
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Answered on February 21, 2014
Notice to consumer must be served on the consumer five days before the subpena can be served on the witness.
Archived
How do we do visitation on a newborn with an out-of-state father? He is in Alabama and I am in California.
Richard's answer
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Answered on February 21, 2014
It's UNlikely that a court will order a 50/50 timeshare with a newborn, or any infant, for parents who live more than a couple of miles apart. ...
Archived
Advice regarding violation of restraining order?
Richard's answer
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Answered on February 21, 2014
If your brother has this sort of issues, and it's a recurring problem, it may be time to discuss a voluntary conservatorship with him; it beats an...
Archived
Ex wife found to have lied during divorce. She's ordered to repay me over $17,000 of overpaid spousal support. How to enforce?
Richard's answer
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Answered on February 21, 2014
Probably not enforceable by contempt. You probably need to get an order determining a specific amount of arrearage, which you can then reduce to a...
Archived
I am going to file a Motion to Vacate a Restraining Order against me because the facts at the hearing did NOT justify the order.
Richard's answer
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Answered on February 21, 2014
If you disagree with the judge's ruling, you can (a) file an appeal, or (b) file a motion for new trial. That you disagree with the trial judge...
Archived
Is a marriage still legal, if at the time of the marriage one person was still married.
Richard's answer
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Answered on February 21, 2014
Nope, you're not legally married. You can file for a nullity. To get legally married, you'd have to do so over again.
Archived
Can a family law judge order husband to pay ex's attorney fees when she refuses to work?
Richard's answer
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Answered on February 21, 2014
To answer question #1, yes. Question number 2: the same way the court can order him to pay spousal support, if he has more income and assets than...
Archived
I was coerced by my lawyer to sign a divorce agreement under duress.
Richard's answer
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Answered on February 21, 2014
You don't actually ask a question. There's no automatic right to 48 hours to "look over" a settlement, or to not be under "stress" when you do it;...
Archived
Can a privilege informer's privilege be asserted in a divorce case if one of the parties contest the expenses of the other?
Richard's answer
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Answered on February 20, 2014
You'd better have some admissible written evidence of your status as a "cooperating witness" and the instructions given to you by law enforcement,...
Archived
Likeliness of a family court judge granting opposing sides RFO due to my untimely filing of my response
Richard's answer
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Answered on February 20, 2014
Impossible to predict, without a whole lot more information. Is a judge going to rule against you ONLY on the basis of the fact that you filed...
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