Legal Question in Family Law in California
divorce process
I was married for 3,5 years when I separated from him, last April97.I left without any financial help from him. I decided not fight on court for money, I told I will sign the papers not requesting anything. My problem is that he brought two sets of papers which looked the same, he said to me lets assume his friend brought it (his friend signature was there). He said the papers was already in process in court (there was a stamp from a legal institution on the papers) and would take around 6 months until I get papers by mail to be signed. So, he took both sets of papers back, which seemed strange for me since I didnt have chance to read and I didnt sign anything. I have nothing, I started from zero when we separated a year ago and I still dont want any of "his" money. But I want to know what I am doing and how this thing works since I come from another country and dont know much about American laws.My question is: Why somebody else is suppose to bring the papers to me? Shoud I keep those papers? What's going to happen next? When am I suppose to change my name? Thanks you very much for your help.
2 Answers from Attorneys
instructions for dissolution of marriage
The two sets of papers that your husband showed you were probably an Asset and Debtdeclaration signed by him and one that you signed. These declarations are filled out separeatly by you and your husband stating all assets and debts that you both aquired during your marriage.Even if you don't want any of his money you are entitled to half by california law.The reason he told you to say that his "friend" gave you the papers is because if he gave themto you personally they cannot be filed with the court. What he did was illegal, therefore anyforms that you signed and that he filed with the court don't count.You request to have your name changed on the Petition for Dissolution or the Answer to Dissolutionwhich are the initial papers you file when filing for divorce. If the Answer to Dissolution iswhat your husband had you sign then file he might not have asked for your maiden nameto be re-instated. He had to file the papers at the court in the county that you or he lives in.Call those courts and ask if a Dissolution of Marriage has been filed in your married name. One of the courts should have those papers if they have been filed. When you find the courtthat they were filed in tell the clerk your situation and that your husband gave you the papersand not a third party and any papers that you signed should not count.You obviously need help in getting your divorce finalized. Look in your phone book for a legal help service or ask the clerk if their are any low cost services that help with dissolution of marriageproblems. They can help you fill out the proper forms in order to get your name reinstated and get you divorced from your husband. Even if you do not want any money from your husbandyou can request that he pay for your help or ask for a sufficient amountto pay for your attorney. Many attorney's will help you and collecttheir fee from your husband. Since you are not from this countryI suggest that you take your half in order to help you start a new lifehere or to help you get home.i know of a document service who can help. give me a call or emailand I will give you the information.
additional information
I also wanted to add that what your husband is doing is illegal. If you do not get help from me get help somewherebecause if you do not do anything you may never be divorcedand you may never get your maiden name reinstated.If you tell the court that you were not served by a third partythe court will start your case from scratch and you should requesta dissolution packet from the clerk if you do not get help. Mostare the forms are self explanatory but since you are from another country you may not know what some of the questions mean. I strongly urge you again to call me or seek out local help. I am not trying to pressure you I am just concerned that your husband istaking advantage of you.
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