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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My huband filed on 6/2/16 im trying to respond but im not

Customer Question

My huband filed for divorce on 6/2/16 im trying to respond but im not quite sure if im doung it properly. He is saying we have bern only married 3yes 8 months but we have actually been married 14 yrs 6 months we have different living arrangement where he lives in the bay area taking care of his mother that is ill and i live in fresno ca taking care of grandchildren. We made this living arrangement years ago but see each other at least once a month some times can go as long as two months. We have sexual relations and just went to hawaii for our honey moon we never had 12/ 20/15. He is trying to get out of spliting 401 k's pentions ect... In responding to the divorce do i need to fill out the form fl160 to respond or can that come later? I dont want to mess my case up by misding out by not filing correctly.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

When exactly were you married? When did you sign the marriage license and file it with the state?

Customer: replied 1 year ago.
2002
Customer: replied 1 year ago.
No im sorry 2001
Customer: replied 1 year ago.
I need to file quickly but want to know do i have to file the fl 160 now or if i wait will it be to late?
Customer: replied 1 year ago.
A pention and 401k is involved
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

If you were married in 2002, then the claim that you were only married for 3 years is simply bunk--what governs isn't how long you physically reside together but when the documentation was filed. While he might argue that you were 'separated', if you retain sexual congress you are deemed to be together even if you do not actively reside with one another.

As far as FL 160, you can file it now or later--you can file it at ANY time prior to dissolution as those are a listing of your property assets. Please do not worry, you do not have to file it right away.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
On question 10 it is asking community and QU community property how would i answer to that?
Expert:  Dimitry K., Esq. replied 1 year ago.

Ma'am,

My apologies but I do not know what property you have and when you obtained it. So without knowing more I cannot simply provide you with an answer. In addition as I am not your attorney I cannot fill this out for you, but I can help explain which type of property goes into which section--you can then evaluate what you have and make the requisite choices. Would that help?

Customer: replied 1 year ago.
How can i request that i file fl 160 later?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

You can simply file a basic FL 160 filing now without actual values for items. If you and your spouse do not have an agreement in place, you can refile this form in greater detail once the petition is already in place. To help you I am enclosing a link to an explanation that is put in place by California Courts for this specific form:

http://www.courts.ca.gov/documents/fl160instructions.pdf

Sincerely,

Dimitry, Esq.

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