Can I sell assets before divorce?
Can I sell assets before divorce?
If the court is handling the division of property in a California divorce, their goal is to split property fairly and equitably between the two divorcing parties. Parties involved in a divorce cannot decide to sell an asset (designated as marital property) to avoid an equitable division during their divorce.
Can you refuse discovery?
SUMMARY: Failure to timely answer discovery or refusal to answer discovery has two important and potentially catastrophic consequences. You may waive your right to object to the discovery even if the other party has no right to the information requested. In other words, you may be forced to give it to them.
What happens if I don’t respond to discovery?
Motion for Sanctions – If the court issues an order compelling discovery, and the party fails to comply with that order, then the court may sanction the party in numerous ways such as refusing to let in the party’s evidence at trial, dismissing their lawsuit or striking their defense to a lawsuit, and imposing …
What happens if you dont answer discovery?
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.
Can you depose someone twice?
There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. It may happen if there is a new party that is later added to the case after the original depositions were completed.
Is a pleading the same as a complaint?
A pleading[2] is a formal written statement filed with the court by a party to a civil action. A party filing a complaint is the complaining party, while the other side is the responding party. Pleadings set forth parties’ positions in the action, such as allegations, claims, defenses and denials.
How can a defendant respond to a complaint?
(a) A defendant may file an answer with the reviewing official and the Office of Hearings and Appeals within 30 days of service of the complaint. An answer will be considered a request for an oral hearing.
Is a complaint the same as a charge?
A criminal complaint is a document that charges a defendant with a crime. Most of the time, what really gets a case going is the filing of an official document with the court—often called a “complaint.” (In some states, the changing document is called an “information.”) …
What are the four types of charging documents?
The four types of charging documents are: complaint, information, arrest warrant, and indictment.
What are the three types of charging documents?
There are three types of charging documents: an Indictment, a Complaint, and an Information.
Is a complaint a charging document?
Complaints, informations, and indictments are charging documents. Typically, when officers make an arrest, they draft reports, then present those reports to the prosecution.
What is the difference between an indictment and a charge?
The difference between being indicted and charged relies on who files the charges. “Being charged” with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant.
How long do the police have to charge you?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.
