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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I would like to ask for advice in regards XXXXX XXXXX wife filing

Customer Question

I would like to ask for advice in regards XXXXX XXXXX wife filing for divorce from me last June 2008. At that time, I left my wife and my son due to irreconcilable differences. The divorce papers were served to me in July in my new address. By the month of August, my wife and I reconciled and live together again. My wife told me to forget about the divorce papers, but I did not know that they were still being processed. I never responded to the divorce papers. Recently, we have been having problems and I would like to continue through with the divorce. What will I do since I did not respond to the divorce papers? My wife is seeking for full custody and I am against that. I am not an unfit parent. I pay for the rent, baby-sitter, etc. I want to have custody of my child. How do I file for custody of him? Also, in filing tax returns, my wife put in the divorce papers that she wants to claim my son as her dependent only, which is not right because I am the main source of income in the family.
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
First, you need to check if the June 2008 divorce filing is still active or if it has been dropped. If it has been dropped as inactive, you would need to refile the divorce and serve her. If the filing is still active then you, need to file a response as soon as possible and either work out a settlement agreement with her or request the matter be set for trial to address the issues that remain in dispute.

As to custody, the goal is to award shared custody if that will benefit the child's best interests. Typically this occurs if both parents are able to communicate and cooperate for the child's benefit. If not then this is an issue that would have to be tried and primary custody is generally awarded to the parent who is able to encourage visitation and follow the court orders.

As to tax filings, in general the parent considered the custodial parent is the one who can claim the children as dependent. It is also possible that in a shared custody situation that parents rotate who claims them which is something that is worked out through your settlement agreement.



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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
how do i check to see if the divorce filling is still active if not, do i need a lawyer to file for divorce My wife is leaving tommorrow, so how can I have ensure an agreement today. Do I make a written one for her to sign. She wants me to give $400 for child support and every other weekend custody which I'm not infavor. I'm willing to give child support whatever the court descision and wants shared custody for the benefit of our child best intesrest.
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply and accept.

If she filed in San Diego, you can check the status of the case online here. I would also place a call or visit the court clerk at the address shown in the divorce papers you got from her to double check the status.

As to an agreement, let her go, do not rush into an agreement. Make sure you get an address where she is going so you can then work out an agreement. These marital settlement agreements are legally binding contracts, so I would suggest you not set anything in stone tonight. But proceed with the divorce filing.

If the divorce is not going to be objected to by the spouse, you can file without a lawyer. However, if she is going to dispute child custody or support issues or property distribution then it is best to get a lawyer at that time. San Diego Family court has family facilitator offices which can also assist with the paperwork but not represent you. I would use these services to do the initial filing unless she is going to contest, which I would then recommend getting a family law lined up.

There is no need to pay child support until ordered by the court. So you can hold off on that, but I do encourage you to set aside at least $400.00 ever other weekend, in case the court asks that you pay retroactively.


Forms for an uncontested divorce for California can be accessed here




If I have been helpful, please click Accept for my time and research, that is the only way I get paid. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

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