(619) 737-3919
·
maria@rogovalawfirm.com
·
Mon - Fri 8:30 AM - 6:00 PM
Free 30 min Consultation

Category

FAQ

Is it mandatory to meet the residency requirements to file for divorce in California?

FILING FOR DIVORCE IN CALIFORNIA – RESIDENCY REQUIREMENTS To file for divorce, either husband or wife must meet the following residency requirements stated in California Family Code Section 2320(a): 1. You or your spouse must have been living in California for the last six (6) months and 2. You or your spouse must have been...

Unauthorized practice of law in California. What can you do if you became a victim of someone who is unauthorized to practice law in California?

Unauthorized practice of law in California. What can you do if you became a victim of someone who is unauthorized to practice law in California?   “In California, only attorneys can practice law. When someone who is not licensed to practice law provides services that can only be performed by attorneys, that is called the unauthorized...

What is a marriage of long duration? Why is it significantly different from a marriage of short duration?

Question: What is a marriage of long duration? Why is it significantly different from a marriage of short duration? Answer: Pursuant to Family Code Section 4336, a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. Family Code Section 4336: (a) Except on...

What does the date of separation mean? Why is it important to determine the date of separation correctly?

Question: What does the date of separation mean? Why is it important to determine the date of separation correctly? Answer: Pursuant to Family Code Section 70, “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed...

Going through a divorce? Don’t lose your house. Sever the joint tenancy with right of survivorship.

Question: I am going through a divorce. My spouse and I own a house as joint tenants (community property) with right of survivorship. Is it correct that if I die pending a marriage dissolution proceeding my spouse will receive my half of the house? Answer: Yes, unless you sever your interest in the joint tenancy...

What is community property in California? What am I entitled to receive in divorce?

Question: What assets am I entitled to receive in divorce? Answer: The short answer is that each spouse is entitled to receive one-half of the community property. Community property is all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California, absent a valid premarital (prenuptial) and/or...

How to Stop the Divorce Process

Question: I filed a Petition for Dissolution of Marriage in San Diego (Petition for Divorce), but my spouse and I worked our issues out and reconciled. Can I stop my divorce process? Answer: Yes, you can. The Petitioner may request to dismiss a case if the Respondent has filed no Response. If the Respondent has...

The father of my child doesn’t want to help financially… What can I do?

Question: The father of my child and I have never been married. The father does not want to help me financially to raise the child. What can I do about it? Answer 1: First, if it has not been established before, you have to establish legally that he is the father of the child. Steps...

Is there a way to automatically withdraw spousal and/or child support from my Ex’s paychecks?

Question: My Ex is always late with child and spousal support payments. Can I do anything about it? Is there a way to automatically withdraw spousal and/or child support from my Ex’s paychecks? Answer: Yes, if your Ex is a W-2 employee. If your Ex is a W-2 employee: Your Ex is late with child...

School summer break is coming up and stay-at-home order is still in place in California. Can I keep my child…?

Question: School summer break (no – online classes) is coming up and pursuant to the MSA my daughter has to go to a different state for a month to spend time with her dad. As of now, in California we have a stay at home order due to coronavirus. Can I keep (prevent) my child...