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Scott Charles MacCabe

  • Divorce
  • California
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Practice Area
    Divorce
    Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
California
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Education
Univ of California at Los Angeles
Undergraduate Degree
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USC Law School
Law Degree
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Professional Associations
California State Bar  # 145229
Member
- Current
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Legal Answers
7 Questions Answered

Q. My wife is in prison for 5 years. Could she stop me from leaving California with our son to get a job in another state?
A: If your wife files for a marital dissolution and serves you before you leave, then yes. The ATROS on the back of the summons restrict both parties from leaving the state without prior written consent or a court order. If you are leaving for work, then you likely would prevail even if she filed and tried to stop you. However, you would have to go through the court process and get an order. In any event, you should always keep your wife informed of your residence information so she can contact you and your son.
Q. I am in Alameda Co., with a court-appointed Special Master. How can I have him dismissed for bias and incompetence?
A: First, any lawyer would need to review the originating order to verify the matter was handled correctly at the get go. Then, you could file a motion to disqualify the Special Master. There are nowhere near enough fact assertions in your question, nor enough background, to even start on that path. Finally, I sense your displeasure with the justice system's handling of your case. Yet, there might be several reasons why your desired outcome has not been achieved. Aiming towards a different result than what you have gotten so far, there might be steps you can take - short of filing a motion to remove the Special Master. Please consider the entire range of alternatives before taking any action - and retain a local lawyer.
Q. Preservation of green card after the divorce while the non-US spouse is living abroad.
A: You have rights as a victim of domestic violence and should pursue citizenship, but I would recommend that you remain within the United States if citizenship is the goal. You are here legally, and should not leave. As for your second question, you need to look at the assets and debts - and yes, you are liable for community property debts. You say "his" debts, but I assume you mean debts your husband incurred during the course of the marriage. Please consult with a lawyer at once to protect your rights.
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Contact & Map
San Juan Capistrano Divorce Law Office
30950 Rancho Viejo Road
Suite 175
San Juan Capistrano, CA 92675
Telephone: (949) 922-3414
Telephone: (949) 218-0574
Fax: (949) 218-0575
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