It will influence your entitlement (duration and amount) to spousal support. If there are minor children involved, it may also impact child support and may even influence what type of parenting plan (aka custody) arrangement you can ask for. To maximize what you are entitled to, I strongly... View More

You already have an open case in Nevada with a default pending. Why would you file another case in California? Why would you file for divorce when you believe your marriage is void and thus filed for nullity in Nevada? Your marriage was either valid or it was not. If your spouse was married to... View More

I'm not sure I understand the problem. Did you get a QDRO? Was that QDRO filed with the court? Was that QDRO then served on the plan administrator? If yes, to all these questions, and you have not yet received what you are due, you need to take that up with the plan administrator. If you... View More

In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More

Dennis Dascanio Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2025

Dear injured worker,

I am sorry to hear about your personal situation. The good news is that as a general rule workers compensation benefits are your separate property and not subject to community property distribution in a divorce. I recommend you confirm this with your divorce attorney or... View More

If you meet the residency requirements, 6 months in the state of California, and 3 months in your county, you are able to file for dissolution of marriage in California regardless if you got married in another country.

In regard to recognizing the divorce in India, I would speak with... View More

To enforce the original terms, filing a motion to enforce the order is a primary strategy. This motion would compel compliance with specific obligations, such as the return of your belongings and the child’s passport. Alternatively, initiating contempt proceedings may be appropriate, as... View More

It seems each of you getting a horse would be a fair distribution, but you can't claim it.

Generally, this is what either of you earned (or debt you took out) after you married, but before you separated. The “community” is you and your spouse. The property belongs to you both... View More

Not sure what you mean by "how to proceed". If you want alimony, click the box for "spousal support" on your Petition (or Response), then concurrently with filing your Petition (or Response), file a Request for Order to get temporary spousal support orders in place while your... View More

Yes, is it possible for the wife to keep the primary home valued at $850,000 with a mortgage balance of $292,000, if the husband keeps a rental property valued at $260,000 with a mortgage balance of $35,000, another property valued at $275,000 with a mortgage balance of $75,000, and a 401K worth... View More

Property purchased DURING the marriage (i.e. at any time between date of marriage and date of separation) is community property. It's not about whose name is on title, or who earned the money used to purchase the property (make the down payment). It's about the source of those funds.... View More

Support is based on the income during the marriage and the lifestyle to which the parties became accustomed during the marriage. Every year post judgment, you have the right to ask her for updated income information via Income and Expense Declaration and a copy of her latest tax return. If you... View More

You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.

Emmanuel Coffy Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025

Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More

Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or... View More

You keep using words like "divorce", "agreement". and "alimony". You then say there is no "court involvement" Is there a Judgment? A court order re support? Or not? A court order/Judgment is enforceable until it is modified or terminated by another... View More

Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.

A court order is a court order and must be complied with until it is modified or otherwise replaced with a new court order. When someone who is subject to a support order loses their job, it is their burden to go to court to get relief; to get a new court order that reflects their current... View More

In general, the change in your income would be considered a change in circumstances by the court. This should allow you to file a Request for Order to modify spousal support. You can inform the court of your new income and your former spouse's ability to collect Social Security derivative... View More

You have no standing to do anything until that default is set aside. File the motion to set aside based on failure to serve. Get a copy of the proof and service of the summons first, however, and see what it says about when and how your spouse is claiming you were served.