Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I filed my Default September 4, 2015, all paper work was…

Customer Question
I filed my Default September...
I filed my Default September 4, 2015, all paper work was filed required for default. She responded to the petition more than 60 days after I filed the default. The court in Orange County is severely backlogged. They keep saying, "next month" she is harassing my Chain of Command, it's going to ruin my 10 year career in the USMC. What can I do? Her response was filed electronically my default was walked in. It was showing they recieved the default on Sept 4, but now it's not showing. They say they have it though. Can I ask for a legal Seperation in the mean time so she can't harass my COC until the default is entered? Anything? This is ridiculous. I filed my original petition September 2014. She doesn't respond until over a year later after she signed the acknowlement of recipt in January 2015. I don't get it. She's asking for support, she's never turned an income declaration and the USMC makes it mandatory that I pay her a ridiculous amount, even though she makes the same as me. She kept all the assetts, left me with the debt, that I've paid off. What can I do here? If I resubmit my papers elctronically, will that get it going? Do I date it for the original date of September 2015 and attach something stating I've already filed it once before? Please help. Thank you.
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 hours by:
1/20/2016
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,392
Experience: Experienced Family Law Attorney
Verified

I am very sorry to hear this;

I is not clear as to why the other party (or how) is harassing the COC.

If the harassment is due to the divorce proceeding (which I presume it is) then one may request an injunction, precluding the other party from contacting one's employer. Courts are reluctant to issue these unless it is shown that the individual is continuously contacting the other's employer for purposes of harassment. Alternatively, the employer itself may seek a restraining order against the individual.

If there is a pending petition for dissolution and one wishes a divorce while other matters are still pending, the proper procedure is to file a motion for bifurcation, so that the court may dissolve the marriage, issue the divorce decree, and then at a later date determine the property issues, support issues, etc.

The relevant code for bifuraction is here:

2337. (a) In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues. (b) A preliminary declaration of disclosure with a completed schedule of assets and debts shall be served on the nonmoving party with the noticed motion unless it has been served previously, or unless the parties stipulate in writing to defer service of the preliminary declaration of disclosure until a later time. (c) The court may impose upon a party any of the following conditions on granting a severance of the issue of the dissolution of the status of the marriage, and in case of that party's death, an order of any of the following conditions continues to be binding upon that party's estate: (1) The party shall indemnify and hold the other party harmless from any taxes, reassessments, interest, and penalties payable by the other party in connection with the division of the community estate that would not have been payable if the parties were still married at the time the division was made. (2) Until judgment has been entered on all remaining issues and has become final, the party shall maintain all existing health and medical insurance coverage for the other party and any minor children as named dependents, so long as the party is eligible to do so. If at any time during this period the party is not eligible to maintain that coverage, the party shall, at the party's sole expense, provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance coverage to the extent it is available. To the extent that coverage is not available, the party shall be responsible to pay, and shall demonstrate to the court' s satisfaction the ability to pay, for the health and medical care for the other party and the minor children, to the extent that care would have been covered by the existing insurance coverage but for the dissolution of marital status, and shall otherwise indemnify and hold the other party harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. For purposes of this subdivision, "health and medical insurance coverage" includes any coverage for which the parties are eligible under any group or individual health or other medical plan, fund, policy, or program. (3) Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in a termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the severance is granted. (4) Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the loss of the rights of the other party to a probate family allowance as the surviving spouse of the party. (5) Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the loss of the other party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or arrangement, or to any elections or options associated therewith, to the extent that the other party would have been entitled to those benefits or elections as the spouse or surviving spouse of the party. (6) The party shall indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits or elections as the surviving spouse of the party. (7) (A) The court may make an order pursuant to paragraph (3) of subdivision (b) of Section 5040 of the Probate Code, if appropriate, that a party maintain a beneficiary designation for a nonprobate transfer, as described in Section 5000 of the Probate Code, for a spouse or domestic partner for up to one-half of or, upon a showing of good cause, for all of a nonprobate transfer asset until judgment has been entered with respect to the community ownership of that asset, and until the other party's interest therein has been distributed to him or her. (B) Except upon a showing of good cause, this paragraph does not apply to any of the following: (i) A nonprobate transfer described in Section 5000 of the Probate Code that was not created by either party or that was acquired by either party by gift, descent, or devise. (ii) An irrevocable trust. (iii) A trust of which neither party is the grantor. (iv) Powers of appointment under a trust instrument that was not created by either party or of which neither party is a grantor. (v) The execution and filing of a disclaimer pursuant to Part 8 (commencing with Section 260) of Division 2 of the Probate Code. (vi) The appointment of a party as a trustee. (8) In order to preserve the ability of the party to defer the distribution of the Individual Retirement Account or annuity (IRA) established under Section 408 or 408A of the Internal Revenue Code of 1986, as amended, (IRC) upon the death of the other party, the court may require that one-half, or all upon a showing of good cause, of the community interest in any IRA, by or for the benefit of the party, be assigned and transferred to the other party pursuant to Section 408(d)(6) of the Internal Revenue Code. This paragraph does not limit the power granted pursuant to subdivision (g). (9) Upon a showing that circumstances exist that would place a substantial burden of enforcement upon either party's community property rights or would eliminate the ability of the surviving party to enforce his or her community property rights if the other party died before the division and distribution or compliance with any court-ordered payment of any community property interest therein, including, but not limited to, a situation in which preemption under federal law applies to an asset of a party, or purchase by a bona fide purchaser has occurred, the court may order a specific security interest designed to reduce or eliminate the likelihood that a postmortem enforcement proceeding would be ineffective or unduly burdensome to the surviving party. For this purpose, those orders may include, but are not limited to, any of the following: (A) An order that the party provide an undertaking. (B) An order to provide a security interest by Qualified Domestic Relations Order from that party's share of a retirement plan or plans. (C) An order for the creation of a trust as defined in paragraph (2) of subdivision (a) of Section 82 of the Probate Code. (D) An order for other arrangements as may be reasonably necessary and feasible to provide appropriate security in the event of the party's death before judgment has been entered with respect to the community ownership of that asset, and until the other party's interest therein has been distributed to him or her. (E) If a retirement plan is not subject to an enforceable court order for the payment of spousal survivor benefits to the other party, an interim order requiring the party to pay or cause to be paid, and to post adequate security for the payment of, any survivor benefit that would have been payable to the other party on the death of the party but for the judgment granting a dissolution of the status of the marriage, pending entry of judgment on all remaining issues. (10) Any other condition the court determines is just and equitable. (d) Prior to, or simultaneously with, entry of judgment granting dissolution of the status of the marriage, all of the following shall occur: (1) The party's retirement or pension plan shall be joined as a party to the proceeding for dissolution, unless joinder is precluded or made unnecessary by Title 1 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), as amended (ERISA), or any other applicable law. (2) To preserve the claims of each spouse in all retirement plan benefits upon entry of judgment granting a dissolution of the status of the marriage, the court shall enter one of the following in connection with the judgment for each retirement plan in which either party is a participant: (A) An order pursuant to Section 2610 disposing of each party's interest in retirement plan benefits, including survivor and death benefits. (B) An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on all remaining issues. (C) An attachment to the judgment granting a dissolution of the status of the marriage, as follows:

If one fails to file an income and expense declaration (Fl 150), a motion to compel (with sanctions) may be brought. If the party refuses to comply they may be held in contempt, which may include more sanctions, including jail time if the failure to provide the FL 150 is intentional and knowing. That is discussed here on page 25: http://sandiegolawlibrary.org/wp-content/uploads/2013/04/Family_Law_Discovery_Issues.pdf

Resubmitting the papers will not expedite anything; Filing for the bifurcation will at least speed up the divorce decree; to speed up the rest of the issues one may file an FL300 requesting a hearing asking for determination of issues - such as control over certain community property, confirmation of certain property as separate property, a determination re: spousal support, etc, so that the issue comes before the court.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Another option is to file this form:

http://www.courts.ca.gov/documents/fl165.pdf

along with fl300, - a motion asking the court to expedite the default decree and stating the reasons in a declaration.

A sample family law declaration can be found by googling Santa Barbara Family Law sample declaration - it provides instructions and a sample declaration.

Also, most military bases have legal services you may want to look into. They can review the documents to make sure they comply with the procedural requirements so as to avoid a delay in the process.

I hope I've answered your question to your satisfaction. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask and I will get do my best-- If I have fully answered your question to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! Thank you; it's been a pleasure to assist you.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,392
13,392 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am in need for a pro bono or a reduced fee Family Law
I am in need for a pro bono or a reduced fee Family Law attorney … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
I had a family law question. I have been divorced for three
Hi I had a family law question. I have been divorced for three years now. I have three daughters with my ex husband. He needs to have supervised visits with girls which was placed by CPS … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,520 satisfied customers
Looking for family law attoney. California. I share joint
I share joint legal and joint physical custody.. my son is 15 my daughter is 16. My daughter was hired for a summer job. My daughter Mother's refuses to let her take the job and just told us tonight last minute. The job starts June 18 and is time sensitive. Can I go in on exparte heading so my daughter doesn't have to miss out on such a wonderful experience? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
Not sure if this would be a family law case or not but we
Not sure if this would be a family law case or not but we have hired ab attorney and we asked him some questions and he lied to us then we wanted some answers after he got us all confused. I send a ms… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
Is Mrs. a Family Law attorney? Ohio. Filed my own motion for
Filed my own motion for modification to Shared Parenting Plan. … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
I need to speak with an attorney who knows family law.
I need to speak with an attorney who knows family law. … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
Is there family law. In california. Is there a family lawyer
hi JA: Hello. How can I help? Customer: is there family law JA: What state is this in? It matters because laws vary by location. Customer: in california JA: What steps have been taken so far? Customer… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,991 satisfied customers
I am looking for some family law help over the custody of my
Second opinion] Hi, I am looking for some family law help over the custody of my child … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,890 satisfied customers
Family law question. With no court order and one parent is
Hi family law question. With no court order and one parent is working on a given day. Is the defualt caretaker the other parent if available … read more
Jessica B
Jessica B
Juris Doctor
1,326 satisfied customers
Family lawyer? Florida. Are you in family law. Family law?
Family lawyer? JA: What state is this in? It matters because laws vary by location. Customer: Florida JA: What steps have been taken so far? Customer: Are you in family law JA: Anything else you want … read more
Sean K
Sean K
Attorney/Member
JD
777 satisfied customers
Is there a family law attorney that can advise on Ventura
Is there a family law attorney that can advise on Ventura county filed dissolution process … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
When a family law judge decides who is responsible for
When a family law judge decides who is responsible for paying the attorneys fees, what is it based upon? I am currently unemployed and waiting for permanent disability status. My ex is claiming she on… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,609 satisfied customers
Family law California Is there any law or sanctions or any
Family law CaliforniaIs there any law or sanctions or any action that I can take towards my own attorney as he has dropped the ball on every motion I ask to file. He's failed at every court hearing an… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My question is for family law in Nevada with adoption of
My question is for family law in Nevada with adoption of baby within family that DCSF currently is involved and they are not being bias. They claim that foster care must be done before adoption but We… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
This is a family law question. Texas. My daughter is in
My daughter is in mediation and signing an agreement to pay the mediator in 35-45 days. She does not have a job and her husband that has a domestic violence charge pending was the breadwinner and I think she is being pressured because she can not afford an attorney but he has a criminal one and a divorce one Lonestar legal aid has helped her a little bit … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
This is a Family Law issue in California. Parents of two
Hi. This is a Family Law issue in California. Parents of two children are getting divorced. Father is permanently disabled (work injury). Father receives, on behalf of each child, $602 ($1204 per mont… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
What are the family law rights in the state of N.C for
What are the family law rights in the state of N.C for grandparents or Aunts? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
This is a question regarding family law in the State of
This is a question regarding family law in the State of Florida. Specifically Child Support. My wife and I represented ourselves in our divorce case for which the trial has already taken place Novembe… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x