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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42871
Experience:  30 years as a family law lawyer .
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I want to file for divorce in California because I have

Customer Question

I want to file for divorce in California because I have lived there with my husband for 34 years but I'm moving to CO in two days. when would I have to make a court appearance if I file online now? also, what is the cost to file online? lastly, I have had mu husband write out& sign andante our agreements of finances, will that be binding if he starts to not pay his alimony?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Family Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Because family law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Family Law
Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 3 months ago.

Here you will have to file in Superior Court where your husband resides if you are relocating.You will have to file in person and pay the filing fee.Here are forms to do that and proceed to get a signed settlement from the other party.You will have to ma an appearance here is may be 60 days or so from when you file.

Forms to file

http://www.courts.ca.gov/1033.htm

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 3 months ago.
Customer: replied 3 months ago.
if i file online, I still have to go to court house right away and pay filing fee in person or can I do it within 60 days. your answer is not clear to em? lastly, I asked another question that you did not respond to, if my husband has written and signed a document stating to what he will pay, is this legally binding if he were to decide to stop paying?
Customer: replied 3 months ago.
no, I was told if I paid the price I could ask as many questions as I wanted. will you not help me with these questions?
Customer: replied 3 months ago.
please, tell leif you're not going to help me
Expert:  RayAnswers replied 3 months ago.

You can pay filing fee online when you file here.You will have to go to court for final hearing on the divorce in 60 days or so.You need a signed settlement agreement from the forms I gave you above it has to be signed by the judge and then it is enforceable.Use their forms so the judge will approve it and you will need him to sign it again.

Customer: replied 3 months ago.
please, please answer this question! if my husband has written and signed a document stating to what he will pay, is this legally binding if he were to decide to stop paying?
Expert:  RayAnswers replied 3 months ago.

No its not.You haven't filed for divorce yet.You need a case number ***** draft a settlement agreement with these terms and have him sign it and judge approve it to be binding.Otherwise there is no divorce here and and no enforceable agreement.The agreement here has to reference the divorce case number ***** names and be signed and approved by you, husband, and judge.Thats the only way I am afraid to have enforceable document.You can then file contempt if he fails to pay and he can be jailed and fined so its worth it to get it right here.

Customer: replied 3 months ago.
how do I draft a settlement agreement?
Customer: replied 3 months ago.
do I get a case number ***** I file online?
Expert:  RayAnswers replied 3 months ago.

There is a marital settlement agreement online.You do get a case number *****

Settlement forms

http://www.courts.ca.gov/partners/documents/marital_settlement_agreement.pdf