In the state of California can a spouse be sued in a civil court after the divorce is final?
477063
It depends on the situation. With physical abuse most likely yes. but evidence is most likely needed. Emotional probably not. But, if you have an legitimate expense for mental help regarding the situation and have enough evidence you may have a claim. pain and suffering isn't really an option, because you can't sue for pain and suffering. pain and suffering is only awarded by a judge give the correct situation. \n    As far as the divorce goes, if the abuse situation was brought up and is already considered resolved you cant sue unless the abuse continues.
762665
Absolutely!  Just about anyone can sue anyone for anything!  Whether the plaintiff wins or not is always open to the decision of the court. \n\nIf you owe medical expenses they can sue you.  The judge, if he/she rules in favor of the plaintiff, there are several options available upon judgment.  A few of these area:\n\n1.  Attach (lien) of any real property (land, homes, etc.) In extreme cases you may be forced to sell the property.              \n2.  Garnishment of wages.\n3   Attach (lien) of vehicle (not usually done).\n4.  Interest and late fees.\n5.  Notices filed with public access in county recorder's office.\n6.  Credit  agencies always receives these notices.\n\nIt is always best if you can settle without going to court to arrange the payment of the debt.
818207
A VERY sticky situation. It is to your BEST interest to seek professional legal advice. CA law is set up for the best interest of the female, but there are loop holes.  You NEED to seek out a lawyer. Good Luck
241089
If it's contested, you have to have a hearing.  To have a hearing, someone has to set it (usually an attorney).  It can take months for lawyers to be ready to move a contested case forward to a hearing.\n\nAnd it still might not be final after the hearing.  In AR, the divorce isn't final until after the hearing, after the judge's ruling, after the ruling is reduced to a written order, AND the order is filed with the clerk of the court.
743970
This is a tricky issue.  Any property received while married is considered maritial property and subject to division by the court.  So, he would have a right to claim a portion of it.  This is the "legal" answer.  However, our courts consider both law and "equity" (fairness).  Even with a legal claim, he could be barred from asserting that claim if you use equitable defenses.  Since a large personal injury settlement could include permanent disability, disfigurement, loss of income, etc., it would be payment for losses incurred after the divorce.  Equity would step in and bar him from claiming it legally.  If he's divorcing you, the argument is even stronger.  The terminology for this equitable argument would be estoppel.  There are many, many equitable arguments.  Any good attorney can fill you in on the rest.
883082
If the divorce was not final, a new marriage (wherever solemnized) is invalid and your ex should be able to get a declaration to that effect, or an annulment. It is possible, but unlikely, that under Peruvian law (for some reason) he was considered already validly divorced, in which case the answer would be different.\n\nUnless there was fraudulent intent, prosecution for bigamy is unlikely. There's too much for the prosecutors to prove, and it wouldn't be in the public interest even if technically feasible.\n\nHe should discuss the matter with his lawyer. I'm confident the lawyer will give advice consistent with what I have said.\n\n(I will not address the issue of countries -- not Peru -- where customary and polygamous marriages are allowed.)
178269
Here's the thing, if she racked up the bill while they were still married, he's stuck with it. If she got a NEW card account in his name after they were divorced, it's fraud and illeagal, sue her.
969264
California is not a common-law marriage state; nor is it a palimony jurisdiction.\n\nUnless there is something you haven't said it's hard to see a basis for her claim. If she did, contrary to what seems to have been the case, make contributions towards payment on the house or mortgage, she may have some sort of claim. Otherwise she is blowing smoke.
158446
No. (and yes)   Common law marriage was abolished in California sometime around 1927.\n\n However, if people get married outside of California according to the laws where they are, and those laws include "common law" marriage, then that marriage (including a "common law" one), will be recognized in California should they move there.\n  \nAdditionally, when justice will be done, California courts will grant "putative spouse" status to a person, who in good faith, thought he or she was married, but the formalities were not done.  In a case I represented the "wife", she was a new immigrant from Vietnam (where marriages are not a governmental affair) and went through a Buddist wedding ceremony with her husband. Husband did not have them obtain a wedding license and somehow had the priest conducting the ceremony overlook that no license had been presented to him to sign.  Husband was killed in an auto accident and to prosecute the wrongful death case, I had to prove that she was a "putative spouse" who, under California law, can sue for the death of her husband.\n\nAlso, recently, California has institued "domestic partnerships" for persons unable to marry each other, which give the parties many of the rights spouses have, including rights to custody/visitation of children, child and partner support, and equal division of assets (and debts) acquired during the partnership.\n\nIf you really need them, I could look up the exact statutes.
656004
Below is a link to information listing the criteria which courts in California use in determine if and how much spousal support is applicable.\n\n\nhttp://www.divorcesupport.com/divorce/California-Spousal-Support-Maintenance-Alimony-441.html\n\nHope this helps!!
606282
If a notice of dismissal was filed then yes the case is over, they can refile.Make sure there is a stamp that says filed with clerk on it. Proof of service is stating they parties involved were notified. If you still have questions call the clerk of the county the case was filed.
1139147
he can only divorce you in the last state you resided as husband and wife.and you can run and ad in newspaper to fulfill requirement of notification.but legal aid would have already told you this which makes me think this is just for attention
317029
This marriage is not considered valid until it has been filed in the court system.
65862
The are a number ways, including filing a motion to set aside the default and a motion to quash service of the lawsuit.  You should consult an attorney right away because the court where the lawsuit was filed might not have jurisdiction over you.
283856
Yes! A civil judgment can be collected by seizure of personal property to be sold at auction and proceeds applied to the judgement amount. Also, it will prevent him (and possibly you since you are married) from getting financing for homes until the judgment is satisfied. I don't know how far the company is willing to go to attempt to collect thier money, and laws very from state to state,\nI suggest you, or he, or both contact an attorney for your best course of action. Since you are married, this will also effect his and possibly your credit reports and scores.
997367
That's something you REALLY need to talk to a lawyer about, and quickly! Contact Legal Aid of California, they answer questions and provide help on a sliding scale.
401029
Yes.  Speak to a family law attorney.