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Part Deuce: Divorce Court In California

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I am back! Now, San Diego is no longer my divorce court playground. I have to show up in Pomona court next month.
He filed new divorce papers on me in April. At least things are different this time around because the courts recognize that it is a domestic violence case with out minor children (remember the vas?) I also hired an Attorney, a female in Los Angeles. She charged me for filling out all of the paperwork but her name does not appear on the divorce paper work, because she does not go to East Pomona. She lives with in walking distance to the downtown LA courthouse. I put in Pro Per on the paperwork, like she told me. I also disclosed my
financial to the courts. So, I am going in disclosing everything that way I can sleep at night. I will need to go the day before stay in a hotel then go to the court appearance in East Pomona at 8:30 am then drive home after .

The Attorney said If I would have had him arrested when he beat me up, broke my fingers, strangled me etc... that the judge would have ruled for me. I did not know that.
CA law states if a spouse is arrested and charged for domestic violence that they are not entitled to 1/2 of community stuff.

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chatterweb said:   The Attorney said If I would have had him arrested when he beat me up, broke my fingers, strangled me etc... that the judge would have ruled for me. I did not know that.
CA law states if a spouse is arrested and charged for domestic violence that they are not entitled to 1/2 of community stuff.

 
Or, more importantly, he should have been arrested because it's a crime. (If he did commit actually domestic violence - who knows!)

Thank you for the update. That part about staying overnight in Pomona the night before your court date and then driving home after was particularly relevant.

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I really liked pointing out hiring a female attorney. How is this relevant?? I hope that these crimes didn't occur because domestic violence is horrible, HOWEVER the more i read your posts the more i believe you are really trying to hide money from your current spouse. I hope justice prevails here.. I really do.

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Ma171aC said:   I really liked pointing out hiring a female attorney. How is this relevant?? I hope that these crimes didn't occur because domestic violence is horrible, HOWEVER the more i read your posts the more i believe you are really trying to hide money from your current spouse. I hope justice prevails here.. I really do.
  Cause she didnt "click" with her male attorney and bought a girl home

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chatterweb said:   CA law states if a spouse is arrested and charged for domestic violence that they are not entitled to 1/2 of community stuff.
  I highly doubt that a DV charge (vs. conviction) voids the general 50/50 provisions. 

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cestmoi123 said:   
chatterweb said:   CA law states if a spouse is arrested and charged for domestic violence that they are not entitled to 1/2 of community stuff.
  I highly doubt that a DV charge (vs. conviction) voids the general 50/50 provisions. 

  you're right
http://farzadlaw.com/california-spousal-support/domestic-violenc...
" In a divorce case where a spouse has been convicted of an act of domestic violence against the other spouse within 5 years prior to the dissolution proceeding (typically with a petition for dissolution) being filed or any time after that, there is a “rebuttable presumption” that the convicted spouse should not receive a spousal support award. "
 

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I hesitate to ask this, but how long ago did domestic violence occur? Is it within statute of limitations (3 years in CA I believe)?

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imbatman said:   
cestmoi123 said:   
chatterweb said:   CA law states if a spouse is arrested and charged for domestic violence that they are not entitled to 1/2 of community stuff.
  I highly doubt that a DV charge (vs. conviction) voids the general 50/50 provisions. 

  you're right
http://farzadlaw.com/california-spousal-support/domestic-violenc... 
" In a divorce case where a spouse has been convicted of an act of domestic violence against the other spouse within 5 years prior to the dissolution proceeding (typically with a petition for dissolution) being filed or any time after that, there is a “rebuttable presumption” that the convicted spouse should not receive a spousal support award. "

Not that it matters for the sake of the point you are making, but a "spousal support award" is not the same as a division of property.  I would be surprised if even a domestic violence conviction resulted in a loss of  one's claim on marital assets.  I can't see how a criminal conviction could strip away rightful ownership of property..   

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dcwilbur said:   
imbatman said:   
cestmoi123 said:   
chatterweb said:   CA law states if a spouse is arrested and charged for domestic violence that they are not entitled to 1/2 of community stuff.
  I highly doubt that a DV charge (vs. conviction) voids the general 50/50 provisions. 

  you're right
http://farzadlaw.com/california-spousal-support/domestic-violenc... 
" In a divorce case where a spouse has been convicted of an act of domestic violence against the other spouse within 5 years prior to the dissolution proceeding (typically with a petition for dissolution) being filed or any time after that, there is a “rebuttable presumption” that the convicted spouse should not receive a spousal support award. "

Not that it matters for the sake of the point you are making, but a "spousal support award" is not the same as a division of property.  I would be surprised if even a domestic violence conviction resulted in a loss of  one's claim on marital assets.  I can't see how a criminal conviction could strip away rightful ownership of property..   

  I was making the wrong point. Duh.
 

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dcwilbur said:   
imbatman said:   
cestmoi123 said:   
chatterweb said:   CA law states if a spouse is arrested and charged for domestic violence that they are not entitled to 1/2 of community stuff.
  I highly doubt that a DV charge (vs. conviction) voids the general 50/50 provisions. 

  you're right
http://farzadlaw.com/california-spousal-support/domestic-violenc... 
" In a divorce case where a spouse has been convicted of an act of domestic violence against the other spouse within 5 years prior to the dissolution proceeding (typically with a petition for dissolution) being filed or any time after that, there is a “rebuttable presumption” that the convicted spouse should not receive a spousal support award. "

Not that it matters for the sake of the point you are making, but a "spousal support award" is not the same as a division of property.  I would be surprised if even a domestic violence conviction resulted in a loss of  one's claim on marital assets.  I can't see how a criminal conviction could strip away rightful ownership of property..   

  Ask the victims of civil forfeiture.  No conviction needed to strip away rightful ownership of property.  Tyrannical governments can do whatever they want.

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I really don't get so much about this... I mean... first though... wtf is a "vas"? Did you give your spouse a vasectomy? Then you're hiding $2mm US "dollas"??? Posting is publicly on the Internet is a great idea... especially when you add in geolocation info. And you're not really asking any questions. What's the point here?

I mean, bad stuff is bad... I get that. I hope the best, too. Maybe if you're looking for some guidance you could ask some questions that can help others help you.

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I am just informing FW of what is happening. I want to hopefully help any other humans.

I will be fine. He is the one asking for half the house equity after he did an inter spousal transfer in 2015.

I am just asking for the divorce. 

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No one asked, I am sure even less care. We all have problems in life we have to face. Stiffen up your upper lip and soldier on with life as many people do.

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chatterweb said:   I am just informing FW of what is happening. I want to hopefully help any other humans.

I will be fine. He is the one asking for half the house equity after he did an inter spousal transfer in 2015.

I am just asking for the divorce. 
 


  You can both get what you want here. He gets half the marital assets and you get the divorce.

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