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Recent family law questions

Date of sepration claimed by husband 09/03/2012 never

date of sepration claimed by husband 09/03/2012 never communicated as i was in india and living in his family house owned by his grandfather.He came to celebrate birthdays ,marriages and even funerals with me together.In addition he filed my immigrant petition as well tourist visa.Immigrant petition active in NVC,tourist visa with his AOS rejected because of immi.petition.Now he has filed divorce in Dec 2015 whose summons reached India this month but now i am in USA on visitor visa.Does his Sepration date hold in law which was done to save community property while he was in constant touch with me?

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Attorney

Juris Doctorage

 
238 satisfied customers
I am in a ca registred domestic partnership. While togeater

I am in a ca registred domestic partnership. While togeater my partner obtained a 1993 honda which after the breakup we agreed and have a written contract to sell to me for 1800.00. i paid him 400.00 and have signed recepit for all of this. Now he has signed title gifted it to his son. He is asking for this in his ex parte order taking place tommorrow. I want to retain ownership. What are my legal right /options since this was joint property and not sole and separate as his attorney has stated. I also am on his health insurance i want to stay on his health insurance. Once again we have a contract on this item also.

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Attorney

Juris Doctorage

 
238 satisfied customers
In my divorce, I bought my wife out of my retirement

In my divorce, I bought my wife out of my retirement pensions to keep them in their totality. Also, at the time, I thought they were inheritable by another spouse if I remarry. They aren't.Are the legal fictions such that I can get my ex-wife to sigh a “transference dictate” to a new spouse if I pass? I understand that the retirement fund will stop when she dies, but since I “bought her out,” can I force her to transfer money when I am deceased? I'm sorry, but I do not know how to express this any better--

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JD 1992

Juris Doctor

 
33,852 satisfied customers
I was divorced (from a lawyer) in 2002. In the divorce

I was divorced (from a lawyer) in 2002. In the divorce decree, there is a ruling that my ex has to pay half the value of his law practice (community property state). They decided his law practice was worth about $100,000 and so he owed me about $50,000. Since he couldn't afford to give me that money at that time, the divorce decree states that he should pay off the 2nd mortgage, which was $47,000, and if I sold the house, he could either pay me the balance OR keep paying with the same terms as the 2nd mortgage.So, far, he has been paying me according to those terms:$357/mo. which is at 8.25% until 2029.Now, that all our children are over 18, he has decided to stop paying me. His reasoning is that he paid for our son's college and now is going to pay for our daughter's college.(I had planned to pay for HER college, but this is a long story - basically she ran away from home, lived with her stepmother and has disowned me as a mother since I wouldn't let her go on her senior spring break with 4 guys and 2 girls and no adults.)I would like to have your input as to what my options are. I assume I would be going back to family court since our case hasn't closed yet and this is a divorce decree I would be asking the judge to enforce.

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Ronna L. DeLoe, Esq.

Licensed Attorney for 36 years

JD

 
566 satisfied customers
I left my husband, June 1, 2011 after our kids therapist

I left my husband, June 1, 2011 after our kids therapist reported him to CPS. I told him where we were staying ( a friend of mine in Pasadena who we spent most weekends at because he would be drunk and having party's at the house )CPS was called on him again a year later by a teacher at our kids school.My husband filed a petition for Dissolution of Marriage on June 30, 2011. Nothing regarding the divorce has happened since.We were married Sept. 24, 2005He has a history of drug and alcohol abuse. He is an Narcissistic Alcoholic.He has a criminal history including possession with intent and 2 DUI's that I know about.He owns this house. I moved in with him the day after he closed escrow. I owned a house in Lake View Terrace that I sold when I was pregnant with our daughter in 2003 I put the money I received into fixing his house and payed for mutual living expenses.9/28/2011 we received a judgment of 50/50 custody.7/11/2013 I filed a modification. He was not adhering to the courts instructions.Our court date was to be on Monday September 9, 2013. I agreed to settle out of court with primary physical care and custody being awarded to me (80%) on the eve of 9/6/13 ( he waits until the last minute all the time to pressure me ) .I agreed as long as he would attend counseling on his own and with our kids. It is stated in the 9/16/2013 court orders that he will attend therapy.He has not attended a single session.I have continued to keep our kids and myself in therapy.He is also not to drink alcohol in front of our kids or for 12 hours before.He drank Tequila Rose in front of our kids at Monster Truck and offered our daughter a sip of it. He was also the one driving.He drank a Bud light at the Zoo in front of our kidsOn May 14, 2016 he asked our daughter to get him a non-alcoholic beer from his refrigerator. She returned with one each of the bottles in his refrigerator. One non-alcohol and a Shiner. She asked him "which one" he replied its that one but I like this one better. He then took the Shiner ( regular alcohol beer ) opened it and drank it in front of both kids saying "One won't hurt according to the court papers I can have one, I just can't have two because I have to be in the right state of mind around you."our kids know what he is allowed to do and not do around them so they know he lied. Also, they know that we had to leave because of his life long addiction to alcohol and how is short temper is even shorter and meaner when he's drinking.He canceled me from our health insurance during my cancer treatments.He refuses to finish the divorce because the debt is in my name and I have not filed bankruptcy.He is a hoarder with unsafe living conditionsHe has a GPS on our daughter's cell phone to stalk usHe constantly brings our kids home late and uses our kids as messengersHe says mean things about me to our kidsHe took them out of state for 10 days ( he gets 7 ) without my permission.We would like to move out of state ASAP. We are offered a 3 bedroom house for 1/2 of what we pay for rent in LA. I also have incurable cancer and have no one here in CA to assist me on bad days.How do I go about being able to move out of state? ( the kids want to go - ages 9 and 12 )How do I go about custody modification for full custody?How do I finish the divorce?Am I entitled to a percentage of our house?

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Ronna L. DeLoe, Esq.

Licensed Attorney for 36 years

JD

 
566 satisfied customers
Yesterday I was served divorce petition papers stating my

Yesterday I was served divorce petition papers stating my husband wants a divorce. We have been separated about 7 months. There was a protection order issued November 11, 2015 due to domestic violence on the part of my husband.After leaving within 3 months he was living with someone. In the petition he is asking for spousal support periodicallyalong with separation of community property. We were married 25 yrs needless to say I can't believe his nerve. My question is can I get him for desertion?

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JD 1992

Juris Doctor

 
33,852 satisfied customers
My husband and s 2 brothers own a corp. together. I've

Hi...my husband and his 2 brothers own a corp. together. I've been married 30 years to my husband. We have 2 boys, 27 & 23 yrs. old. Their both on their own. Since I've been married, us 6 couples have bought several acres of land, improved it and have profited from it. However, the majority of the acreage (according to the property taxes) has been divided up into community property and the corporation owning it. Originally, the corporation bought the acreage and profited from it. In the last 5 years, the corp has deeded the acreage to us 6 couples as undivided community property and a percentage still showing the corp owning it also. We also have several acres that are on short and long term leases that show the corporation leasing the properties. All 3 couples have been involved with all loans that have paid for all acreage and leases (open line of credit in the millions). The 3 brothers are employees of the corporation and this is a C corp (double taxation) Why they have land in a C corporation is beyond me, but thats the way it is at this time. Now here's my question...If I were to divorce my husband of 30 years, (I didn't have a career during my marriage, (stay at home mom) but I held various little fun non permanent jobs to keep in the loop) could I be eligible for 50% of the properties we've bought together since we've married , and would I be eligible for Alimony?

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JD 1992

Juris Doctor

 
33,852 satisfied customers
My husband and I are legally separated. Our property has

My husband and I are legally separated. Our property has been separated. (I bought him out of the house and now only my name is ***** ***** and mortgage)We are in counseling and are talking about reconciling.What happens to our legal separation agreement (most importantly, what happens to the House) if we decide to stay married and end the separation?We live in California.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

 
21,164 satisfied customers
I live in PA. I'm married. i have son 5 years old. i

i live in PA. I'm married. i have son 5 years old. i dated my wife before marriage from Apr 2008. in Jul 2008 i moved in to her house but we never had common assets or properties. in 2010-2011 i rented apartment and lived separately but my DL was under her address. In Feb. 2011 we married. At the moment she started talking separation and divorce and asked me to move out( it's second time, 1st time was in Nov. 2013 when i moved out and then she changed her mind and asked me to return). now i stay at home ignoring her text messages about move out. Before marriage i had about 94000$ on personal and saving accounts. at the moment i have about 91000& in european bank. during marriage i created US saving account for my wife and me. but then i transferred it to different US bank account under my name which had better rate. Question: which money in this case i can count as my "separate" asset and which amount will be considered as "marital" and will be stolen by wife during divorce

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JD 1992

Juris Doctor

 
33,852 satisfied customers
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