Saturday, April 30, 2011

AM I ENTITLED TO AN INTEREST IN MY WIFE'S BUSINESS?

QUESTION: Am I entitled to any of my wife's medical practice? We were married in February, 2009. At that time my wife was a partner in a medical group, and she had no employees. On April 1, 2010 my wife left the group and started up her own medical practice. She has 16 employees. She filed for divorce in February, 2011 for no obvious reasons. Her personal income for the year will be between 700k and 900k. Am I entitled to a portion of her practice?

ANSWER: You likely are entitled to a community interest in your wife's medical practice, but you will need expert assistance in asserting and valuing that interest.

Each party's earnings from his or her labors after the date of separation are separate property.

Since your wife formed her medical business during the marriage and prior to separation, her medical business would be a community property business, and it would appear that much of the income of that medical business was generated from the labors of its 16 other employees.

You will likely need to retain an experienced Family Law Attorney and a Forensic Accountant to assert and value your community interest in your wife's medical business.

Whereas your wife's post-separation earnings from that business would appear to be her separate property, if your wife had sole control over her compensation and took all of the profits of the business as income, the Court could consider evidence from an Executive Compensation Expert regarding reasonable compensation of a doctor-owner of a medical practice in apportioning how much of the business profits are attributable to your wife's post-separation (separate property) work and talent, and how much of those profits are attributable to the community interest in the business.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a California Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Friday, April 29, 2011

CAN I BACK OUT OF A STIPULATED CHILD CUSTODY JUDGMENT?

I frequently receive questions from people regarding their family law issues. The following is a question which I was authorized to publicly reveal, and my answer to the question:

QUESTION: Can I appeal our child custody legal agreement? If the parties came to an agreement and a Stipulated Judgment was signed and filed with the Court, is it possible to file an appeal and take the matter back to court?

ANSWER: You can't appeal a Stipulated Judgment, but under certain circumstances and within specified time limits, you can file and serve a motion to set aside the Judgment or part of the Judgment.

If you entered that Stipulated Judgment under duress, you must bring a motion to set aside the Judgment (or a portion of the Judgment) based on duress within two years of entry of the Judgment.

If you entered that Stipulated Judgment by mistake of law or fact, you must bring a motion to set aside the Judgment (or a portion of the Judgment) based on your mistake within one year of entry of the Judgment.

However, a Stipulated Judgment may not be set aside simply because you have changed your mind, or because the Judgment was inequitable when made, i.e., "cold feet" are not grounds to set aside a Judgment.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Thursday, April 28, 2011

CAN SOCIAL SECURITY DISABILITY BENEFITS BE GARNISHED FOR BACK CHILD SUPPORT?

The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I collect back child support from my ex if her only source of income is social security disability insurance?

ANSWER: SSDI (otherwise known as SSD) disability benefits can be garnished for child support, but SSI (Supplemental Security Income) benefits cannot.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Wednesday, April 27, 2011

CAN AN UNEMPLOYED MOTHER GET CHILD CUSTODY?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I get child custody with no job? My husband is trying to control my every move. I want to leave but he said if I leave, I can't take my son because I don’t have a job. Could I get custody?

ANSWER: Having a job is not a prerequisite for getting child custody. A lot of homemakers are custodial parents. You should consult and preferably retain an experienced Family Law Attorney to represent you in your divorce and child custody case. You should be able to get child custody, child support, spousal support, your 50% share of community property, and an order for payment by your husband of a significant contributory share of your attorney's fees in your divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Tuesday, April 26, 2011

HOW MUCH WILL A PRENUP COST?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How much does it cost to get a prenup? I went through a horrible divorce a few years ago in the state of California. I want to get married to my boyfriend, but I want to get a prenup in case we do not make it. How much will this cost?

ANSWER: Each Family Law Attorney has his or her own pricing structure for Prenups.

There isn't such a thing as a "standard" Prenuptial Agreement. Your Premarital Agreement should be tailored to the terms that you want, it needs attached disclosures of your and your fiance's assets and obligations and their values and amounts, and the attorney may recommend other terms that you hadn't thought about.

If you want a Prenup, get a good one, not a cheap one. It should be drafted by an experienced Family Law Attorney who knows the laws and cases relevant to Prenuptial Agreements. Poorly drafted Prenups get set aside by the Court in Divorce cases.

You should interview experienced Family Law Attorneys before choosing one to prepare your Prenup.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Monday, April 25, 2011

SHOULD I RETAIN A LAWYER FOR MY CHILD CUSTODY CASE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How can a father get joint custody of his children in a divorce in California? Do I need an attorney to help me get joint custody of my children from my marriage? My kids are 12 and 9. Is it true that it is difficult to get custody as a dad in California?

ANSWER: It would be best for you to retain an experienced Family Law Attorney to represent you in a case involving child custody.

Traditionally, mothers have had the upper hand in child custody cases.

In more recent years, there has been greater recognition of father's roles as parents and rights as parents.

California Family Code Section 3020(b) states in relevant part: "The legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents ..., and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy... ."

Whether or not you receive joint physical and/or legal custody depends upon facts which are specific to your relationships with your children and your spouse, as well as how those facts are presented to the Court.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Sunday, April 24, 2011

HOW CAN I PROTECT MY FIANCE' FROM MY PREMARITAL DEBTS?

I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Will my new spouse be liable for my financial problems? My domestic partner and myself are thinking about getting married after 9 years living together. Over the past 25 years or so I have not filed tax returns either with the IRS or State of California and have accumulated somewhat of a liability issue for myself, as well as having back child support arrears accumulating for the past 30 years. My wife-to-be hopefully has been more responsible than myself with her life and owns her own home as well as accumulated some financial assets for herself. Is she going to be responsible for my past financial mistakes.

ANSWER: Your wife-to-be won't be held responsible for your premarital debts, but any community property of you and your wife-to-be could be held responsible for those debts, and special care must be taken to segregate her income in a sole account under her name to which you have no rights or access, to prevent it from being vulnerable to collection of those debts.

Family Code Section 910 provides in relevant part that the community estate is liable for debts incurred by either party before (and during) marriage.

Family Code Section 911 provides in relevant part that the earnings of a married person during marriage are not liable for a debt incurred by the person's spouse before marriage, and that those earnings remain not liable so long as they are held in a deposit account in which the person's spouse has no right of withdrawal and are not commingled with other property in the community estate.

Among other things that would be appropriate to protect your wife-to-be from your premarital debts, your wife-to-be should have her own account in her sole name for the deposit of her earnings, you should have no right of access to that account, and nothing but her earnings should go into that account.

Additionally, any and all separate property owned by your wife-to-be should remain in her sole name.

You and your wife-to-be should timely enter a into well-drafted Prenuptial Agreement prepared by an experienced Family Law Attorney which provides, among other things, that there shall be no community property, and that any property and/or assets that are acquired during the marriage shall be and remain her sole and separate property, and that you would not acquire any right, interest, reimbursement right or credit for any contribution that you may make, whether in money, skill or labor to such property and/or assets.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Saturday, April 23, 2011

HOW CAN I FIND OUT WHETHER OR NOT I'M DIVORCED?

I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I get proof of divorce after my husband abandoned me over 20 years ago? 23 years ago, my husband left me after 3 years of marriage. I ran into him a few years ago, and he told me he had filed for divorce. He told me he was remarried as well. I want to marry my boyfriend and have put it off for a few years because I do not know if I am officially divorced.

ANSWER: You should have been served in your husband's divorce case, either by personal service, substitute service (after three unsuccessful efforts trying to serve you, handing a copy of the papers to somebody else at your home or workplace and mailing a copy of the papers to you), or service via publication in a newspaper of general circulation, after applying for and receiving an Order to permit service via publication. If you were served via publication, you would likely not have received actual notice of the divorce.

I hope that you got your husband's (or possibly ex-husband's) telephone number or e-mail address when he and you recently crossed paths. If you did, you should contact him and ask him where (in what state, county and court) he filed the divorce case, what its case number is, and you should ask him for a copy of the Judgment dissolving your marriage.

If you didn't get your husband's (or ex-husband's) contact information, you should do an internet search for him, and if you locate him, ask him the above questions.

If you aren't able to locate him via an internet search, hire a private investigator to try to locate him to ask him those questions, and if the investigator can't locate him, you could hire an investigator to search the divorce records in the state(s) and county (or counties) where you think the divorce took place, to try to obtain information or records of the divorce.

It would be difficult to find out whether or not you are divorced any other way.

If you can't determine whether or not you are divorced, and if you and your investigator can't locate your husband (to find out the answer and/or to get your husband served via personal service), you may need to file a divorce case and get him served via Publication.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Friday, April 22, 2011

AM I ENTITLED TO ALIMONY?

I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: As a stay at home mom in California am I entitled to receive alimony? After 10 years of marriage, we are divorcing. What should I get?

ANSWER:

Given that your husband has been, and apparently remains the sole wage earner in your family, you would be entitled to Temporary and Permanent Spousal Support orders.

You are entitled to Temporary Spousal Support (Alimony) pending Judgment in the case in accordance with your county's Spousal Support Guideline calculations (based on your husband's income and your income or lack of income), but the order for Temporary Spousal Support cannot be retroactive to a date prior to the date of filing of your Order to Show Cause [OSC] for Temporary Spousal Support. As a result, you should promptly file an OSC for Temporary Spousal Support.

You are entitled to Temporary and Permanent Child Support in accordance with your county's Child Support Guideline calculations (based on your husband's income, your income or lack of income, and the custodial timeshare of your child/children), and you will likely be able to obtain an order for Temporary Child Support retroactive to the date of filing of the Petition in your Divorce Case.

Due to the length of your marriage, you may well be entitled to Permanent Spousal Support until your death or remarriage, based on the factors set forth in Family Code Section 4320.

You should consult and retain an experienced Family Law Attorney to represent you in your divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Thursday, April 21, 2011

HOW MUCH WILL IT COST FOR MY DIVORCE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How expensive will it be to get a divorce from my husband? I want to divorce my husband of 17 years in California, but he is refusing to cooperate. I have two children at home that are a result of our marriage. I do not know what I can do to start. What do I do and what will this cost?

ANSWER: Family Law Attorneys charge an hourly rate for their fees, so it is impossible to determine at the outset just how much an attorney would charge to handle your divorce. Typically, Family Law Attorneys charge an up-front retainer, which would be based on the complexity of your case.

There are many factors involved in a divorce that a Family Law Attorney would need to evaluate, in an effort to provide even a rough estimate how much the divorce would cost, including what your husband does for a living, how much he earns, what you do for a living, how much you earn, what property and other assets were accumulated during the marriage, whether or not there would be a child custody battle, as well as other facts that are specific to your marriage.

Also, how your husband and/or his attorney respond to a divorce case and what they do in that case can affect the cost of the case.

If your husband earns significantly more than you do, you may be entitled to an award of Attorney's Fees in the case, but Attorney's Fees would have to be properly sought.

You should interview and consult experienced Family Law Attorneys regarding the specifics of your marriage, and they will advise you of their hourly rates and the amount of their retainer fees. You should bear in mind that any estimate they would give you of the cost for your divorce would just be a rough guess.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Wednesday, April 20, 2011

HOW SOON CAN I GET DIVORCED?

I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How long does it take to get a divorce in California? My wife and I have been separated for 2 years. I want to divorce so I can remarry, but have never even legally separated. How long will this take? I want to get the process started.

ANSWER: "Legal Separation" is not a prerequisite to divorce. You are already separated, You just need to file and move forward with the divorce. It will take a minimum of six months from the date your wife is served before you can get a divorce, but most divorces take substantially longer. You could seek a bifurcation of marital status from the other issues in your divorce, to enable you to marry your fiance' more quickly, but there are certain adverse consequences that you would incur from a bifurcation. You should consult with and/or retain an experienced Family Law Attorney to counsel and represent you in your divorce.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Tuesday, April 19, 2011

CAN MY WIFE GET ALIMONY IF SHE ONLY MARRIED ME FOR MONEY?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can my wife get alimony if she only married me for money? I finally realized my wife has been cheating. She devised a plan to take all that I have from sole and separate property from an injury I suffered to my homes, cars, and kids while she's been waiting for the time to evict me. She says she will file abuse charges to kick me out of my home that was paid for with separated money. She hasn't put any money or effort in the home and put me in the streets.

ANSWER: Under those circumstances, you would be wise to consult and retain an experienced Family Law Attorney to file a divorce case before your wife files.

Your facts are not sufficiently detailed to enable me to give a more detailed answer - I am unable to determine whether your injury was sustained prior to the marriage, whether you owned your homes prior to the marriage, whether there was commingling of separate and community property, how your wife has been cheating (do you mean with another man?), etc., but what I am able to determine is that your marriage is over, that you should waste no time in finding an experienced Family Law Attorney to counsel and represent you, and that you shouldn't tell your wife that you are doing so - it may make her rush to another attorney to try to file and serve first.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WHAT DOES TROXEL vs. GRANVILLE STAND FOR?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Does Troxel vs. Granville impact joint physical custody? Do all states have a presumption of joint physical custody based upon a Supreme Court ruling in 2000? I was told that case was Troxel vs. Granville; however, I do not see how that ruling set a standard for all states to enact a presumption of joint physical custody and move away from the "Best Interest of the Child" Standard.

ANSWER: Troxel vs. Granville does not impact joint physical custody. Somebody gave you the wrong case citation.

Troxel vs. Granville was a U.S. Supreme Court decision relating to grandparent visitation rights, and it neither impacts joint physical custody nor relates to the best interest of the child standard.

It affirmed a Washington Supreme Court holding that parents have a right to limit visitation of their children with third persons, and that between parents and judges, the parents should be the ones to choose whether to expose their children to certain people or ideas.

In that case, the deceased father's parents sought visitation with their grandchildren. The children's mother refused to allow visitation.

The U.S. Supreme Court held that a Washington statute which allowed the grandparents to seek visitation, irrespective of whether a custody action was pending, unconstitutionally infringes on the fundamental right of parents to make decisions concerning the care, custody and control of their children.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Monday, April 18, 2011

SHOULD I FILE SEPARATE INCOME TAX RETURNS DURING A DIVORCE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: My ex and I separated a couple of years ago. We are in the middle of a divorce and negotiating an MSA. I pay child support to her. My accountant says that it would be more economical for us to file together than separately this year. Regarding divorce proceedings and child custody, am I putting myself in a bad position by filing WITH her instead of separately?

ANSWER: Were you to file as Married Filing Separately, you would be in a higher income tax bracket than you would be in were you to file joint income tax returns, even considering your wife's income - per your accountant's analysis of your particular income situation.

If you and your soon-to-be ex file jointly, the two of you (and/or your lawyers) would just need to figure out how to apportion any refund or income tax liability.

Child Support is an after-tax payment, whereas Spousal Support is tax deductible to the payor and taxable to the payee.

Were you paying Spousal Support pursuant to a written support agreement or court order, you would lose the tax benefit of the tax deduction for Spousal Support payments made if you filed joint income tax returns with your wife.

Since you are only paying Child Support, that will not affect your tax liability, either way you file.

Under your circumstances, filing jointly with your wife should not put you in a bad position in your divorce and child custody proceedings.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Sunday, April 17, 2011

HOW CAN I SUBPOENA MY HUSBAND'S OUT-OF-STATE EMPLOYMENT RECORDS?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: How do I get the court to subpoena empolyment information for my divorce? I need to know how to get my husband's paystubs to bring to court so that the case will get thrown out. This will help me prove my husband was not in the state when he filed for divorce, causing the court to not have jurisdiction.

ANSWER: You may have problems trying to subpoena records from a source outside of California. The Court doesn't subpoena records. You or your attorney would have to do that.

Code of Civil Procedure Section 2026.010 provides the procedures for taking an Oral Deposition in another state, which might be the only way to accomplish getting the records from an out-of-state employer - but you would have to first comply with the notice to consumer or employee requirements addressed below. You may seek your husband's paychecks and work records through discovery served on your husband.

Code of Civil Procedure Section 1985 and its subsequent sections provide the procedures and requirements of a Notice to Consumer or Employee that are required before a party can subpoena employment records from an employer.

A party cannot issue his/her own subpoena, but would need the court clerk or an attorney of record in the case to issue the subpoena, and prior to serving the subpoena, a notice to consumer or employee would have to be properly served, with appropriate timing, on the employee.

However, if an out-of-state employer ignores a California subpoena served upon the out-of-state employer (even after the notice to consumer or employee procedures have been complied with), the California court does not have jurisdiction over the out-of-state employer to compel production under the California subpoena.

You can hire a private investigator to seek evidence of your husband's out-of-state employment, if the issue warrants the expenditure.

If your husband filed a divorce case in California, and you are in California, you are better off having your case litigated in California, instead of another state. You would best consult and retain an experienced Family Law Attorney to advise and represent you in the divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Saturday, April 16, 2011

CAN MY ATTORNEY REQUIRE ME TO SUBSTITUTE HIM OUT?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Under what guidelines is it ok for an attorney to request to substitute out as your attorney? If you have already spent significant time and money getting them up to speed, how can it be ok for them to decide they no longer want to represent you because the opposing counsel is difficult?:

ANSWER: You are not required to sign a substitution of attorney to allow your attorney to substitute out. The result would be that you would be left unrepresented, in Pro Per, and vulnerable to your spouse's attorney.

You could negotiate with your attorney for a partial refund of fees in exchange for a Substitution of Attorney, if your attorney feels unable to deal with opposing counsel, since you invested money in your attorney's education as to the facts in your case, and you would need to invest money in another attorney's education about the same facts.

If the reason your attorney wants to substitute out is because you are in arrears in payment of attorney's fees, or because you are not cooperating with your attorney's efforts to represent you, your attorney could file a Motion to be Relieved as your counsel, and may well prevail on a Motion on those grounds.

However, if your attorney wants to substitute out because the other attorney is to difficult to deal with, those are not grounds that the Court would accept as grounds to allow your attorney to be relieved as your counsel.

Nevertheless, as a practical matter, if your attorney feels "outgunned" by the adverse attorney, or unable to deal with the adverse attorney, that would likely harm your attorney's ability to be effective as your counsel, so you should start interviewing other experienced Family Law Attorneys, and among other things, question them about their dealings with the adverse attorney, and their knowledge of the adverse attorney's reputation, in an effort to find an attorney who can handle the case effectively for you and not get intimidated by the adverse attorney's tactics.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com

WHO HAS TO PAY ATTORNEY'S FEES IN A DIVORCE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: I am not yet divorced, but my ex moved out a year ago. We both have full time jobs, but I earn more. I know that she is hiding income for the purposes of getting a larger child support award for our MSA. I understand that to prove this, I'll have to get an attorney and enter into a messy process. If we are not yet divorced, will I end up paying her attorney's fees because of her lower income? If it is found that she is hiding income or not earning at her capacity, will this give me grounds for not paying her fees?

ANSWER: If your wife earns less than you do, she can seek an order for payment of attorney's fees and costs by you, to "level the playing field", but it is unlikely under your fact scenario that you will have to pay all of her fees, since she does earn income.

You should retain an experienced Family Law Attorney to advise and represent you in your divorce case.

If your wife is hiding income, your attorney can perform formal discovery and serve subpoenas in an effort to discover her hidden income.

If your wife is paid in cash and there is no paper trail reflecting invoicing, billing, payments, ledgers, etc., it may be difficult or impossible to discover or prove her hidden income - but if her Income or Expense Declaration or your evidence reflects that her expenditures exceed her claimed income, that could influence the Court regarding her lack of candor, as well as her fee or support request.

If you can prove that your wife is hiding income, you can seek Family Code Section 271 sanctions against her.

In order to prove that your wife is not earning at her capacity [which would be relevant on support issues, but a court may find that not to be relevant on attorney's fee issues], you would likely need to file a Motion to have her submit to a Vocational Examination by a Vocational Training Consultant (unless she Stipulates to an Order requiring such an examination), but you will likely have to bear the cost of the evaluation. If your wife is found not to be earning at her capacity, it could affect support issues, but that may not influence the Court on attorney's fee issues, which are based on need and ability to pay.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Friday, April 15, 2011

CAN I STOP A DIVORCE CASE BROUGHT AGAINST ME?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Is there a way to stop a divorce in California? My wife filed for divorce while I am living out of state for work. Can I stop this? She has been vicious, and is just doing this to exploit me. Can I delay the process?

ANSWER: Unfortunately, you can't delay the process.

Your formal Response to the Petition must be filed and served within 30 days after you were served with the divorce papers, or your wife will be able to request entry of default against you, preventing you from participating in the divorce case.

You should quickly contact and interview experienced Family Law Attorneys in the county in which the divorce case was filed, and retain one who is willing and able to deal with you via telephone, e-mail, FAX and hard-mail, to prepare and timely file and serve your Response, advise you, and represent you in the divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net, www.conviserfamilylaw.com

Thursday, April 14, 2011

WHAT SHOULD I DO AFTER MY WIFE LEFT?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What should I do after my wife left? My wife has left me and wants nothing to do with me, she has our two children with her and is doing whatever she can to keep me away from them she wants a divorce. At this point she wont speak to me, since I stopped giving her money. I deliver about $100 of food and necessities 3 to 4 times a month, I'm paying about $580 a month on health and dental insurance, and about $200 to $400 in medical out of pocket expenses. I really need to be with my kids . What can I do? Should I start paying child support? I fear she will flee to Mexico with my children. Please let me know what I can and can't do in my situation.

ANSWER: You should retain an experienced Family Law Attorney to represent you, to file an Action for Dissolution of Marriage (Divorce), and to file an Order to Show Cause for child custody and visitation, among other things.

You should be supporting your children, your wife will likely seek orders for child support from you, and Child Support will likely be ordered retroactive to the date of the filing of the Petition for Dissolution of Marriage.

The reverse side of the Summons in the Divorce case contains restraining orders restraining both parties from removing the children from the state of California. If you fear that your wife may remove the children to Mexico, you should discuss that fear and the factual basis for your fear with the Family Law Attorney to determine whether an Ex Parte Application may be appropriate to deal with that risk.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net, www.conviserfamilylaw.com

Wednesday, April 13, 2011

CAN I SUE MY FATHER FOR BACK SUPPORT?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I sue my biological father for back child support he owes? I have never met my father, who left when I was a toddler. Throughout my growing up, he never paid any child support. I do not know where he is. Can I sue him for back child support if I find him?

ANSWER: The simple answer is "no." Child support is owed to the custodial parent, if at all, to assist in supporting you. If your mother had a Child Support Order or Judgment against your biological father, it is your mother who would be entitled to enforce that Order or Judgment.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net and www.conviserfamilylaw.com

Monday, April 11, 2011

WHAT VISITATION RIGHTS SHOULD A REGISTERED SEX OFFENDER GET?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: I found out after the court ordered visits that my daughter's father is a registered sex offender. He has visits twice a month at my home and I have to take her twice a month to his home, for a total of 4 visits a month. Is there anything I can do to stop his visits? He has been absent during all but 8 months of her 3 1/2 years and has paid nothing towards child support. The first visit under the order was April 2, 2011. I am very worried.

ANSWER: You can file an Order to Show Cause to modify visitation, to request an Order that the father's visits with your daughter be supervised by a professional visitation monitor, or in the alternative, to terminate his visits.

You didn't indicate in your question how you found out that the father is a registered sex offender, or what his criminal sexual offense was or when it was committed, but you should seek and obtain documentation regarding his conviction and his registration, to provide to the Court in support of your OSC for modification.

I can't predict whether or not the Court would order a termination of the father's visits, not knowing the details of his sexual crime or how recent it was, but I would highlight to the Court the fact that the father didn't reveal his status as a registered sex offender to you or the Court when he applied for visitation, to demonstrate that he shouldn't be trusted.

You should retain an experienced Family Law Attorney to represent you in this important custody and visitation case, to prepare your OSC paperwork and to conduct the hearing of your OSC.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.

Sunday, April 10, 2011

CAN MY HUSBAND KICK ME OUT AFTER OUR DIVORCE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: My ex-husband and I are listed together on our home mortgage. I recently divorced him, but we still live in the same home together, but in separate rooms. I have remarried someone else, but I am still living there in the same home with my ex-husband until my new husband and I can get our own place. Can my ex-husband legally prevent me from living in the house and having my new husband come over or stay there with me in my room, since my name is on the mortgage also? Can he legally kick me out of the house? If I can stay in the house is there anything that I can do to ensure that my ex-husband from acting like I am still his wife and ignoring the fact that I am remarried? What should I do if I need to live there for now?

ANSWER: You didn't indicate in your question who now owns the home.

The Divorce Judgment should have addressed that issue.

If the Judgment awarded the house to your ex-husband as his sole and separate property, he could provide written notice to quit to you and your new husband, and proceed with an Unlawful Detainer action after the notice period expires.

The fact that you are an obligor on the home mortgage is immaterial.

If the Judgment awarded the house to you and your ex-husband as tenants in common (i.e., as a partnership), your ownership interest in the house would be a defense to an Unlawful Detainer action.

If the Judgment didn't award the house to anybody, and you are still an owner of the house, that would be a defense to an Unlawful Detainer action.

Assuming that the house was awarded to your ex-husband in the Divorce Judgment, he would have to go through the proper legal proceedings [Unlawful Detainer] to have you and your new husband excluded from his house. Were he to lock you out, you could sue him for Forceable Detainer.

I know of nothing you can do to ensure that your ex-husband acts like you are still his wife, or to ensure that he recognizes that you have remarried, if you stay in the house, other than to put locks on the doors to the room or rooms that you occupy, or to seek domestic violence restraining orders against him - but those things would likely induce him to institute Unlawful Detainer proceedings against you and your new husband.

If your husband was awarded the house in the Divorce Judgment, you would best move out if you want to enjoy your new marriage in private.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net, www.conviserfamilylaw.com.

Saturday, April 9, 2011

WHAT RIGHTS DO I HAVE TO COMMINGLED PROPERTY?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: I am divorcing my husband after 23 years.

My mother in law died 10 years ago. We discovered that she had 3 life insurance policies totaling about $240,000.

We immediately put the money into a joint CD. We then sold our house and bought a new one with some of the CD and proceeds from the old house for the down payment. We left the rest in our joint CD. We just sold the house and made a good profit of about $220,000.

My husband is claiming that all the money in the joint CD is his and that he gets the money we used from the CD for the down payment. Then we would split the remaining profit. He would walk away with about $290,000 and I would get about $50,000.

The money in the CD has been commingled many times, adding and taking money out over the years.

Is it possible that he gets away with this? We both worked full time through the marrige and jointly paid the mortgage

ANSWER: The inherited money is (or was) your husband's separate property.

Because the inherited money was put into a joint CD, your husband likely transmuted the inherited funds into community property, subject to his right of reimbursement pursuant to Family Code 2640 of TRACEABLE separate property contributions.

It would be your husband's burden to trace his separate property contributions to the funds that remain in the CD if funds were taken out of the CD and community funds (such as earnings of you or your husband) were added to the CD, commingling community and separate funds. Only to the extent he is able to trace remaining CD funds to his separate property contributions, would he be able to persuade the Court to award the traceable amount to him as his separate property.

The new house is communty property, subject to your husband's right of reimbursement pursuant to Family Code Section 2640 of TRACEABLE separate property contributions. If he can trace a paper trail from his inheritance funds to the down payment, he would be entitled to reimbursement of the traceable separate property funds, from the net proceeds from the sale of the house. The balance of the net sales proceeds would be community property.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.

Friday, April 8, 2011

WILL OUR COURT ORDER PREVAIL OVER THE TRANSCRIPT?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Do the written court orders (or the transcripts) prevail if the judge made a statement that wasn't captured in the final orders? Our original child support orders stated that my ex could claim our daugher on her taxes every two years to my one. We never agreed to this arrangement, but I signed it (not noticing) and claim her for 2008 and 2009 she did. At a child support/modification hearing in the middle of last year, the judge stated that I could claim her in "alternating years" as long as I wasn't "in arrears on my child support payments". The language in the updated court order reflects this statement. The judge also stated that in years that I claimed her, the amt of my child support payments should be $20 more/mo. The new orders show 1 fixed monthy amt (don't reference a higher amt) & that's the amt my ex invoiced me for the rest of 2010. I'm not in arrears yet. my ex claimed her for 2010. I believe wrongly. I've already paid support for the first three months of 2011 in the amount indicated in the order, w/out an invoice from my ex. She just invoiced me, for 1/1/11 in the higher amount ($20 more/month). There's no mention of the higher amount anywhere in the orders that we and the judged signed. There is, however, two dissomasters attached (with the lower and higher amts). Does that imply what isn't formally written? What am I legally required to pay? And should I try and claim my daughter on my taxes?

ANSWER: Whereas the new order would currently prevail, it is evident that the drafter of the order made an error in the order, especially in view of the two DissoMasters attached to the order.

Your ex could file a Motion for a "nunc pro tunc" correction of the new order, to conform to the Judge's oral pronouncement that you pay $20 more per month in years that you claim your daughter.

Bear in mind the likelihood that the same Judge will likely be the same judicial officer that hears subsequent matters in your case.

Whereas under the existing order, you weren't and aren't technically in arrears, you didn't qualify under the order to claim your daughter for 2010, because you didn't pay the $20 more per month during 2010.

Furthermore, you aren't qualifying to claim your daughter in 2011, because you haven't been paying the $20 more per month in 2011.

The reason for the Judge's pronouncement that you pay $20 per month more in years that you claim your daughter was that the exemption that you would receive (at the end of the year) would free up additional funds for support (during the year).

A possible solution to the mess would be a Stipulation and Order signed by both parties and filed by the Court, modifying the new order to state what the Judge pronounced, but I would suggest adding another term to the Stipulation and Order requiring the parties to exchange completed and signed Form 8332, Release of Exemption by Custodial Parent, by December 31 on alternate years (odd for one of you, even for the other), and if a party has not provided the other that completed and signed form by the deadline, that party shall reimburse the other the additional tax obligation incurred by the other as a result, plus any attorney's fees and costs incurred by the other in seeking to enforce that reimbursement.

If your ex is not willing to enter such a stipulation, you might consider filing an Order to Show Cause seeking correction and clarification of the Court's order, and requesting that the Court include language of the sort addressed above in its corrected and clarified order.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.

Thursday, April 7, 2011

WHAT IS THE ADVANTAGE OF LEGAL SEPARATION?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What is the advantage of legal separation in California? And what is the process?

ANSWER: There are a few possible advantages, but there are also disadvantages.

Possible advantages could include your ability to file for a legal separation before you are able to satisfy the 6-month residency requirement in California to file a Dissolution of Marriage action (you could thereafter amend the petition to seek a Dissolution as soon as the residency requirement is satisfied), continuation of health insurance coverage of a party received as an employment benefit of the other party (especially if the party needing coverage might not be able to qualify for other coverage after divorce), and for parties with a religious mandate not to divorce, they can, in a legal separation, resolve all issues that would be resolved in a divorce without getting divorced.

The process for legal separation is the same as the process for a divorce, except that you remain married after a Judgment for Legal Separation, and you will need to file, serve, and proceed with a separate Dissolution of Marriage Action in order to dissolve your marriage and become single again.

Disadvantages would include your having to file income tax returns either jointly with your spouse or as married filing separately (with its higher marginal tax rate), lack of ability to remarry, and the need to file a separate Divorce case to become single once again.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.

Tuesday, April 5, 2011

WHAT SHOULD I DO IF I WAS ILLEGALLY SERVED?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Will I still be entitled to spousal support? My husband makes 150,000 a year. He illegally served me divorce papers (in person). He filed a document with the court. The county sent me a later stating that if I don't dispute his claim for divorce within a matter of days I will not be entitled to spousal support. He is my only source of income. Please help.

ANSWER: You should immediately interview experienced Family Law Attorneys and retain one without delay, to file your Response in the divorce case if that can still be done, or to file a Motion to set aside your default or to Quash Service if your default was already entered.

From what you stated, it sounds like your husband filed a proof of service asserting that you were properly served, and a request to enter your default. There is no time to lose. You would likely be entitled to significant spousal support, but if your default is taken after you know that your husband filed the divorce case and claims that you were served, you may be precluded from setting your default aside if you wait too long.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City.

Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues.

www.conviser.net and www.conviserfamilylaw.com

Saturday, April 2, 2011

AM I ELIGIBLE FOR ALIMONY?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:


QUESTION: Am I eligible for alimony? How do I know if I am entitled to alimony? I was going to therapy in for two years because of the verbal abuse my husband put me through. We were married for 7 years.


ANSWER: You should retain an experienced Family Law Attorney to represent you in the divorce.

If, during your marriage, your husband earned significantly more than you earned, and still earns significantly more than you earn, you will likely be awarded alimony (Spousal Support).

If your husband is currently out of work, the Court could retain jurisdiction over the issue of Spousal Support, so that you could seek Spousal Support when he gets re-employed, or the Court could possibly impute income to your husband based on admissible evidence demonstrating his ability and opportunity to work, in which case the Court could award you Spousal Support based on income imputed to your husband.

During the divorce, you may file an OSC (Order to Show Cause), supported by your Income and Expense Declaration, to request an order of Temporary Sousal Support pending tral or settlement of the case.

Temporary Spousal Support is based on spousal support guidelines in effect in the county in which your divorce is filed; those guidelines are based primarily on your monthly income and your husband's monthly income.

Permanent Spousal Support is based on the many factors addressed in Family Code Section 4320, including but not limited to the marital standard of living. Whereas Temporary Spousal Support is based on a mathematical calculation, Permanent Spousal Support is not, but instead it is based on testimony, evidentiary facts and advocacy.

It is possible but by no means certain that the verbal abuse or your prior therapy might be considered in the setting of Permanent Spousal Support, under Family Code Section 4320(n), the "catch-all" provision: "Any other factors the court determines are just and equitable."

Family Code Section 4320(i) includes, as a factor to be considered by the court in ordering Spousal Support: "Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party ...".

The "abuse" addressed in Section 6211 is defined in Section 6203 as "(a) Intentionally or recklessly to cause or attempt to cause bidily injury; (b) Sexual assault; (c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another; or (d) To engage in any behavior that has or could be enjoined persuant to Section 6320."

Section 6320 allows the court to issue an Ex Parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, contacting directly or incirectly by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, or other named family or houshold members on a showing of good cause.

We have no-fault divorce in California, so only if the Court found your husband's abusive conduct and your resulting emotional distress to come within one of the above categories would the Court could consider those factors in ordering Spousal Support, unless it chose in its discretion to consider the verbal abuse and emotional harm under Section 6320(n).

For short-term marriages, i.e., marriages under 10 years of duration prior to separation, the Court generally awards Permanent Spousal Support for 1/2 of the duration of the marriage.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.