California Divorce Law

Discussion in 'The Okie Corral' started by alexcc, Feb 21, 2010.

  1. alexcc

    alexcc

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    Hi all,

    Sadly my sister, who lives in California, is getting divorced (married with prenup). While I am upset for her our whole family is glad that we don't have to have anything to with her idiot of a husband ever again. Unfortunately there are a few complications and I'd like to ask anyone with some experience a few questions as my family is unfamiliar with US/CA law and it appears to be a bit different from our laws. My sister is not too clued up either as she has only been there a few years and is not a "law" type of person.

    Apparently there is a 6 month cooling off period or something? Is this true? ie. They have to say that they want to get divorced and then wait 6 months before they actually can because of a cooling off period?

    If this cooling off period is true can they change their account/financial contracts in the meantime? They are paying off their car that is in both of their names, so if my sister pays off her half and he doesn't then she will be liable too, which is obviously not a good idea as this idiot has already suggested just not paying it off, which means my sister will have a mark against her name too.

    I also want everything changed and done ASAP because he has just moved out and I know it probably won't be long before he comes running back because he realizes that he's lots the person who pays for everything and keeps him in luxury while he watches sport, and I don't want my sister to even have the chance of thinking about taking him back.

    So basically - what is the fastest way to just get divorced and have all the accounts/debt changed? Is there no way to just go and sign divorce papers and quickly get everything changed?
     
  2. tbhracing

    tbhracing Senior Member

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    I have never been married or divorced, but I thought the six month period started after all matters have been settled.

    But I dont know all the rules exactly. Hopefully, someone else will chime in.
     

  3. longhair

    longhair

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  4. alexcc

    alexcc

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    Thanks - she's in the process of getting one as this is still a new decision - just thought I'd see if I can get some quick answers and I'm sure she would like to include a lawyer as little as possible because of the costs.
     
  5. longhair

    longhair

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    It could cost her a lot more without one.
     
  6. G30Jack

    G30Jack .88 Magnum

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    Where in CA is she? I may be able to help with some names of good attorneys. PM me, please.
     
  7. geronimo509

    geronimo509

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    Yea get her a good lawyer!


    At first, I thought this was going to be about divorcing the state of CA and moving somewhere free. :whistling:
     
  8. GlockPride

    GlockPride Glock 23

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    Lawyer up, like yesterday! Best of luck to her.
     
  9. alexcc

    alexcc

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    Thanks for the input everyone - going to get a lawyer ASAP and Jack is sorting me out with some good names.
     
  10. uhlawpup

    uhlawpup Gentle Soul

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    Alexcc, the advice to lawyer up is sound, and we're not being evasive by not trying to answer questions here.

    Please understand that any answers we may try to give you here might be transmitted to your sister, and, if they're wrong, they may interfere with her lawyer's strategy. Family law is very delicate, and it can easily be unbalanced. If she chooses a good lawyer, he or she will answer all her - and your - questions in a way you'll understand.

    Just be patient for now. All will be well.
     
  11. Brigrat

    Brigrat

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    I've been divorced twice in CA...trust me, get a good lawyer; not just a lawyer but a good one.

    The six month thing is basically true, it is six months AT A MINIMUM from the date the papers are filed.

    The prenup may not have as much value in CA as it does in other states, by that I mean that she may still be entitled to 50% of what they earned or bought while they were married. CA is a community property state, they are notorious for tossing prenups out.
     
  12. armorplated

    armorplated

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    Your sister can go ahead and file her financial independence even though she's not divorced. But she needs to do that asap and will have to go through a lawyer.

    I've never heard of a cooling off period in kalifornistan, but she can get cut rate lawyers who specialize in divorce. There was a prenup you say, so it's not complicated.
     
  13. ysr_racer

    ysr_racer

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    I don't know who's crazier,

    1. someone that asks for legal advice on the internet.
    2. someone that gives legal advice on the internet.
    3. or someone that that takes the legal advice they got on the internet.
     
  14. Glock20 10mm

    Glock20 10mm Use Linux!

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