Legal Question in Family Law in California

I am in the discovery phase of a divorce in California. I have a pension that I want to take on October 1, 2009. The company controlling the pension is in Canada. My wife's attorney has recently written the company putting a restraining order on my funds. The attorney wrote a letter and sent alone a copy of Page Two only of FL-110, a CA Court Form, which states the Standard Family Law Restraining Orders. The attorney did not send Page One which states these orders are enforcable anywhere in California and the date filed was in March of this year. The funds are to be used for the "necessities of life" and "to hire an attorney". I believe it is an attempt to prevent me from hiring an attorney.


Asked on 9/11/09, 9:33 am

1 Answer from Attorneys
James Chau Law Offices James Chau

You are allowed to encumber or funds that are community property to hire an attorney, however you must give notice to the parties of your intention to do so, prior to doing it. That way the other party can file a motion to prevent you from doing so. Taking a small amount of funds to hire an attorney should not be a major problem however.

For self represented individuals, you can always check out the family law facilitator in your local court house for self help. Additionally, please consult with a local attorney prior to taking any legal action.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 9/11/09, 5:20 pm


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