Telephonic Court Appearance

What is the name of your state? Texas/California

To anyone familiar with CA law:

I now live in Texas...my husband in Calif. I cannot fly back and forth for hearings if he files in CA (see "Abandonment" in Divorce, Separation, etc). What are my options if my husband files in CA? I cannot afford legal representation in CA as currently I can't work due to taking care of my elderly/ ill parents. I'm getting no monetary support from husband.

Is telephonic hearings allowed in California? I have to take action quickly and decide whether or not to file in Tx before he files in CA!

Thanks.

You can appear via telephone in CA, or you could hire an attorney in CA to represent you, and you don't need to go there.

Veronica

Thanks...I would LOVE to be able to afford an out-of-state atty but can't. Are you an atty? If he files in CA, do I request telephonic hearings in my Answer or am I going to have to file a separate motion?

Thanks again....good info at this Board.

I think it would be best if you filed first. So that you do not need to worry about traveling. If you cannot afford a lawyer, there are legal aid services available in most states.

I live in Ca and my husband filed in Ohio. He filed before i did, but my lawyer has been trying to handle the case in a way so that if I do have to travel, it will be for the final hearing.

Check with the clerk of courts in your jurisdiction to see what the requirements are and if there special circumstances for those with financial issues.

An attorney can definitely answer the question about out of state telephone conferences. Some attorneys will consult over the phone for free so ask.

Check the texas state bar site..www.texasbar.com for low cost attorney info. I don't know what county youre in.. otherwise I'd look it up.

Good luck

hopelessinCA

Thanks. I'll do some legwork myself and see what I come up with. I don't want to have to use legal aide, especially since my husband paid the total due to his atty to file for divorce 2 yrs ago. I don't want a long-drawn out fight for the few short years we were married, but I do want my personal belongings back because they contain important documents (deeds) and baby clothes, etc. that were my son's that I've been keeping for 30 yrs, bronzed baby shoes, etc. and who knows what else he took since our stuff was mixed together in our boxes. These things are more important to me than the money he took. From the responses I've been getting from the experts at this board, it doesn't look like I have much of a chance of getting anything. We'll see what lady luck brings! Thanks for the advice.

SG,
i had a chance to look at your post on "Abandonment" and had some questions.

Though your spouse is retired. does he have income? Even though you were married a short time..you may get something.

It's good that you do some legwork, but since your spouse has been playing games, he may draw this out at your expense. if you allow him to file first..realize that he calls the shots. he may want to drag you in for every little hearing, which you cannot afford.

Definitely get some legal advice for questions about alimony, separation issues, etc.

The ABA has publications to help you with the divorce process.

Start itemizing a list of your belongings and compose your marital history.

I know you want to end this quickly, but you want to make sure that you get everything that's due to you

hopelessinCA

He hasn't retired yet but the last time I spoke w/him before Xmas he thot the City would be letting him take medical retirement. For the past 2 yrs he's been in and out of doctors for an on the job back injury from 10 yrs ago....funny it's bothering him just since we split up....I feel he's milking the system to take early retirement. He's been at this job for 25 yrs and has good retirement, benefits, etc. Yes, he has a very good salary and is sitting at home on partial disability/workers comp drawing a full paycheck...must be nice! My fear is the judge will pity him... he's a good actor and has always played the role of "victim". I was a paralegal in CA for 16 yrs (real estate) and even though I'm not too familiar with Fam Law, I can get around thru the system and have a good understanding of all legal documents. I just wonder if the judge will allow me telephonic hearings under the circumstances. I'm trying to make arrangements to see an atty. I really thank you for your time and advice!