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KJL LAW
KJL LAW, Lawyer
Category: Legal
Satisfied Customers: 744
Experience:  Attorney at law Office of KJLLAW
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I need advice on divorce and civil law. Ca, no, Need to have

Customer Question

I need advice on divorce and civil law.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ca
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Need to have one experienced in legal and financial liability of liability of the ex-spouse, when the husband lived a double life.
Submitted: 2 months ago.
Category: Legal
Expert:  KJL LAW replied 2 months ago.

Good morning.

Expert:  KJL LAW replied 2 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

California is a no fault divorce state, which means that you as the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong. To get a no fault divorce, you have to state that you cannot get along, and have what is called “irreconcilable differences.”

In California there are 3 main ways to end a marriage or registered domestic partnership 1) divorce, 2) legal separation, and 3) annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage, and either spouse or partner can decide to end the marriage. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through.

To start a divorce you will need to download and complete the Petition—Marriage (Family Law Form FL-100), the Summons (Family Law Form FL-110), and Proof of Service of Summons (Family Law Form FL-115). If you have children under the age of 18 with your spouse, you should also complete the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Family Law Form FL-105/GC-120), the Child Custody and Visitation Application Attachment (optional Family Law Form FL-311), and the Property Declaration (optional Family Law Form FL-160).

The summons, petition, and, if you have children, the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act must be filed in the Superior Court of the county in which you reside.

You’ll need to pay a fee unless you complete the Request to Waive Court Fees (Form FW-001), and it is approved by the court. The clerk will stamp the papers and file them, and you will be given copies to serve. You must then serve your spouse with a copy of the stamped documents as soon as possible. It must be served by someone other than yourself, the county sheriff, a professional process server, or a responsible friend or relative over the age of 18 who is not involved in the case.

That is a summary of divorce in California. I hope it helps.

Customer: replied 2 months ago.
I understand the filing process. My church secretary has three kid's and is an incredible person and never any criminal record. Her husband has been arrested on federal charges of Securities Fraud. She is not listed nor ever been a suspect. Due to her three children and the double life he has led, she needs to divorce him an rebuild her credit ASAP. Some on the people the husband took money from have filed and received finacial awards against him not her. One of them who has a brother for an Attorney deposed her Mom on any finances she had on her son in law and this is where as a pastor I'm pissed. Deposed her on if the wife or the children are listed on any life insurance policy and or if the wife wa listed a san aire to the Mother-in-law of the criminal. He is guilty. She ha snot be indicted an dis squeaky clean, a saint, loved by the whole community. A) is this legal what the attorney is down got he family, her Mom has cancer also. B) Can they go after the inheritancy as joint property in ten years if her Mom dies? Can and will divorce and bankruptcy help her.
Expert:  KJL LAW replied 2 months ago.

Legally, the attorney can inquire and investigate into the finances, because they were married. That is sometimes difficult for the innocent spouse and family, but it is part of the legal process. She should just answer truthfully and file her divorce to show that she is legally separating all ties to him. They cannot go after her insurance inheritance because it will be her property if they cannot show any ties to the money and the property then they may be able to interfere with her inheritance. But remember, if their are no ties and she is divorced the property will be separate.

Expert:  KJL LAW replied 2 months ago.

Divorce will help and should be file now, bankruptcy will not help at this point, and the divorce should be filed first.

Expert:  KJL LAW replied 2 months ago.

Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.

Expert:  KJL LAW replied 2 months ago.

Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.

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