Thursday, October 27, 2011

CAN MY EX-WIFE PREVENT ME FROM HAVING OUR KIDS VISIT ME IN OKLAHOMA?

QUESTION: My ex is trying to prevent me from having my kids, saying that I do not have a relationship with them. She wants me to spend time in California before I can bring them to Oklahoma, when she knows I cannot afford an extended stay. We have joint custody. Can she do this?

MY RESPONSE:

You apparently moved from California to Oklahoma, so whatever joint physical custody orders that are currently in effect would likely not work under your present circumstances.

You should file an Order to Show Cause [OSC] in the California case to modify child custody to enable you to have the children with you in Oklahoma for significant periods of time (i.e., school holidays, summer vacation, etc.), and to allow you to visit the children in California as well if your time and finances permit.

You may need to bear the children's travel expenses because you moved from California, but you could request that the Court require those travel expenses to be paid 50/50 by each party.

You would best retain an experienced Family Law Attorney to represent you in connection with 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 | www.conviserfamilylaw.com |

WHAT SHOULD I DO TO MOVE TO TEXAS WITH MY CHILDREN?

QUESTION: What would the first step be to try to relocate from California to Texas with children from a previous marriage? The mother has sole physical custody, but the visitation is close to 50% with the father. Also, what kind of chances would the mother have of being able to relocate with the kids? The father has a recent misdemeanor of child endangerment.

MY RESPONSE:

Retain an experienced Family Law Attorney to file an OSC (Order to Show Cause) for a modification of child custody and for approval by the Court of the mother's move-away with the children.

The father's misdemeanor conviction for child endangerment should help, especially if it was for endangering one or more of the children of the marriage.


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 |

CAN MY BOYFRIEND’S WIFE FILE A NEW DIVORCE CASE?

QUESTION: My boyfriend filed his petition for divorce 6 months ago in California. He is still in the process of finishing the paperwork. It is a long complicated process. Anyway, now his ex has decided that she is also going to file another set of papers. She was served, but did not file a Response, so can she file another petition for divorce?

MY RESPONSE:

So long as your boyfriend's wife was properly served, and a properly completed and signed Proof of Service was been filed with the clerk of the court (note that a party is not allowed to serve another party), your boyfriend's Divorce case is the only one that can exist. If the Proof of Service has not yet been filed, file it.

If his wife files and serves another Divorce case, your boyfriend will need to file a Motion in that case to Quash service and to dismiss that 2nd Divorce case, and attach to his Declaration a copy of the Petition and Summons in the 1st filed case, along with a conformed copy of the Proof of Service.

Inasmuch as you indicate that the process of finalizing your boyfriend's divorce is a long, complicated process, he should at least consult, if not retain, an experienced Family Law Attorney.


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 |

CAN THE DIVORCE COURT ORDER MY HUSAND TO GET ME U.S. CITIZENSHIP?

QUESTION: My U.S. citizen husband wants to divorce me. Can the court force him to get me U.S. citizenship or some amount of money?

MY RESPONSE:

If the divorce is in California, your husband can divorce you on the grounds of irreconcilable differences: he wants a divorce and you don't.

The Court can't force your husband to give you citizenship.

You may have rights to community property, spousal support, and attorney's fees.

You should at least consult an experienced Family Law Attorney regarding the particulars of your situation, and you would best retain an experienced Family Law Attorney to 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 |

DOES MY EX-HUSBAND STAND A CHANCE IN SPOUSAL SUPPORT, CHILD SUPPORT OR CUSTODY?

QUESTION: I have sole legal and physical custody of my son. I divorced his father 7 years ago. He is now seeking alimony and 50/50 custody. He never attended one of the divorce hearings. Does he stand a chance in court?

MY RESPONSE:

Whether or not your ex-husband stands a chance on his Order to Show Cause [OSC] for alimony, child support, and 50/50 custody depends on details particular to your situation and the divorce Judgment that was entered in your case.

If the Judgment reserved jurisdiction on the issue of Spousal Support (alimony), and if you earn more than your ex-husband earns (or if he is unemployed or unable to work) it is possible that your ex-husband could get an order requiring you to pay Spousal Support.

I don't know the basis of your ex-husband's request for 50/50 child custody since you didn't reveal that basis in your question, so I cannot predict his chances on that matter, but if he hasn’t seen your son for 7 years, it is unlikely that the Court would grant him significant time with your son. The fact that your ex-husband didn't participate in the divorce process may or may not influence the Court.

Child Support is always modifiable based on the parties’ respective incomes and their percentages of custodial timeshare.

You should at least consult an experienced Family Law Attorney regarding your ex-husband's OSC, and you would best retain an experienced Family Law Attorney to represent you in connection with that OSC as soon as possible.


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, October 12, 2011

IF MY HUSBAND CHEATED ON ME, CAN I GET MORE MONEY IN OUR DIVORCE?

QUESTION: Is it true that if my husband is cheating on me I can get more money in the divorce? What kind of evidence do I need for this?

MY RESPONSE:

California has no-fault divorce.

You don't get extra money if your husband cheated on you unless you can prove that he diverted community funds and/or assets to his girlfriend, or that he spent community funds on his relationship - in which case, you should be able to obtain reimbursement of your 1/2 community share of those diverted/spent funds 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 |

HOW CAN I GET CUSTODY RIGHTS AS A FATHER?

QUESTION: I have a seven month old son with a woman I could vent about for a week. After she announced her pregnancy, I immediately moved into her house (from my apt to her couch). After the birth, we agreed to live together for the first year (with the understanding that we have had no intention of being "a couple") for support of the child. I changed my job and housing so that I can do my part to take care of him (I have him about 75% of the time). I truly believe his mother is an awful person, and she is now threatening to take him away. We have taken no steps legally, as of yet. What do I need to do to protect what ever rights this sexist system offers?

MY RESPONSE:

An attitude adjustment would help - don't vote against success or you will guarantee failure.

You would best retain an experienced Family Law Attorney to counsel and represent you in a Paternity case under the Uniform Parentage Act.

If you come across to the Judge in that case as a responsible, caring, appropriate parent, you might end up with an award of sole or primary custody of your child.


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 |

HOW DO I START A DIVORCE?

QUESTION: I want to begin the divorce process immediately but I don't know where to start. Who owns the house, the cars, etc… right now? I don't even want to be in the same room with my spouse right now.

MY RESPONSE:

You would best retain an experiened Family Law Attorney to counsel you and represent you in the divorce case.

If you can't afford to retain an attorney, you should at least consult with an experienced Family Law Attorney to find out how to deal with your divorce.

If you can't afford that, I would suggest that you go to your local Superior Court's self-help clinic to obtain free assistance and general advice regarding how to go about handling your own 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 |

WHAT VISITATION RIGHTS IS MY EX-HUSBAND ENTITLED TO?

QUESTION: My ex husband currently lives in Gresham OR and was awarded during our divorce 5% rights to our son. Our son and I live in California. My ex has rarely called and has only come to visit about 6 times in 4 years. What rights does he have to our son with only 5% rights.

MY RESPONSE:

You should read the language in the Child Visitation Order (or Judgment).

Your ex-husband is entitled to the visitation rights set forth in that Judgment.

If it merely allows him to visit with your child/children for 5% of the time without specifying where and when that visitation can be exercised, I would suspect that the 5% was set forth merely for purposes of calculation of Child Support.

If your ex-husband asks to visit with the children, I would suggest that you try to work out reasonable terms for his visitation.

A Child Visitation Order (or Judgment) that doesn't specify where and when the visitation should be exercised, or at least provide a vehicle to enable visitation to be arranged is likely unenforceable, so if your ex-husband and you cannot work out reasonable terms for his visitation, he would likely need to file an Order to Show Cause in the divorce case to seek specific visitation orders.


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 |

IS MY WIFE ENTITLED TO PART OF MY 401K IF SHE CHEATED ON ME?

QUESTION: My wife admitted to a judge that she cheated on me. In our divorce, is she entitled to any of my 401k?

MY RESPONSE:

California has no-fault divorce.

The fact that your wife cheated on you has no effect upon her right to her 50% share of net community property.


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 |

WHEN CAN I FILE A REQUEST FOR DEFAULT IN AN UNCONTESTED DIVORCE?

QUESTION: I filed a divorce and my spouse was served in March, 2011. The proof of service wasn't filed until July 2011. Which date is the one to refer to when wanting to file a default judgment?

MY RESPONSE:

Neither date.

The date that service was made (not the filing date of the divorce or the proof of service) is the operative date from which you start counting the 30 days within which the Response should have been filed, for purposes of your Request to Enter Default.


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 |

CAN I FILE AND SERVE A DIVORCE IF MY WIFE ALREADY FILED BUT NEVER SERVED ME?

QUESTION: My spouse filed for divorce but never served me, Can I still file and serve first? I was the one who asked for the divorce, but she filed right away. I don't think she plans to serve the papers.

MY RESPONSE:

Yes. The first case to be served is the case that is operative.

Or - you can go to the Court, get a copy of your wife's Summons and Petition (and any other documents that she filed), and file and serve your Response in her case, even if she hasn't served you. If you do that, you can proceed to get a divorce under the case that your wife filed without being served.


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 |

WILL ALL OF OUR BANK ACCOUNTS BE SPLIT IN A DIVORCE?

QUESTION: My wife and I have a main joint account, but I also have my own separate account. Will this be split in our divorce as well?

MY RESPONSE:

Net community property is divided 50/50 in a divorce.

Merely because you had your own account in your own name doesn't change its community property character.

However, if you had separate property funds in an account (premarital funds, post-separation earnings, or funds received as a gift or in an inheritance), to the extent that you can trace those funds to a separate source, you can get those funds reimbursed to you before the balance of the funds in the account are divided 50/50.


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 |

IF WE AGREE TO GET DIVORCED, CAN WE BE REPRESENTED BY THE SAME ATTORNEY?

QUESTION: My wife and I have mutually agreed to separate due to irreconcilable differences. Can we hire one attorney to save legal fees?

MY RESPONSE:

No. It would be a conflict of interest for one attorney to represent the two opposing parties in a divorce.

However, one party can hire an attorney and the other party can be in pro per (unrepresented), and it is possible to resolve the case. In that event, the other party could be at a disadvantage, not able to get legal advice or assistance from the represented party's attorney, who likely would be looking to maximize the benefit to his/her own client.

A mediator represents neither party - you could mediate the case, but if you do that, I would recommend that each party at least consult with his/her own independent Family Law Attorney to receive advice and assistance to avoid a bad result.


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, October 2, 2011

CAN MY SPOUSE BRING UP MY CHEATING IN A DIVORCE CASE?

QUESTION: Over 10 years ago I had an affair. I confessed to my husband and he stated he forgave me. We continued our relationship and had 2 children. We have grown apart and I have discovered that he really has not forgiven me. Can he still bring this up during divorce proceedings and hold it against me thus affecting settlement?

MY RESPONSE:

Likely not – your cheating is irrelevant. California has a "no-fault" divorce law.

All that is required as grounds for a divorce are "irreconcilable differences".

The Court would not ordinarily allow testimony about your affair, so it shouldn't affect settlement.

However, if your husband can prove that you spent community funds on your lover, your husband could seek to recover his ½ community share of those funds.


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 |

WHAT FINANCIAL RELIEF CAN I REQUEST FROM MY SPOUSE IN A DIVORCE?

QUESTION: I am a stay at home mother of our 2 year old son. I want to see what my options are financially pertaining to a divorce. My husband works full time. I do not have a job outside of the home, so I do not make an income. What financial relief can I request from my husband in the divorce papers?

MY RESPONSE:

Request Legal and Physical Custody of your children; Request Child Support; Request Spousal Support; Request Attorney's fees; Request division of Community Property; if you want your maiden or former name back, request that; and in the "other relief" area, request: "Such other and further relief as may be just and equitable".


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 |

CAN MY EX-HUSBAND GET SPOUSAL SUPPORT FROM ME AFTER HE REMARRIED?

QUESTION: My ex husband is suing me for spousal support after we have been divorced for 13 yrs. We both remarried and he divorced again and expects me to pay spousal support. He owes me $60,000 in back pay child support and now is on disability. Can he get an order requiring me to pay spousal support to him?

MY RESPONSE:

Unless the divorce judgment provided that Spousal Support jurisdiction will continue after remarriage of the payee (which is highly unlikely), your husband can't get Spousal Support.

Long term Spousal Support is customarily payable until the death or remarriage of either party.

However, don't ignore an Order to Show Cause (OSC); if one is served on you, retain (or at least consult with) an experienced Family Law Attorney to represent you to oppose your ex-husband's OSC, to ensure that the Court receives appropriate evidence reflecting your husband's remarriage (which would have terminated Spousal Support jurisdiction).


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 |

IS MY EX ENTITLED TO SHARE MY POST-SEPARATION ACCIDENT SETTLEMENT?

QUESTION: I was in a car accident a year ago and received a settlement. My ex from 2 years ago wants some of it because we have a son together, so she feels that entitles her. She left me over a year before the accident and I have given her money for our son since the day she left. Is she entitled to my accident settlement?

MY RESPONSE:

The Court has the discretion to apportion between the parties the proceeds of a personal injury settlement for an injury that occurred during the marriage.

However, since the accident occurred after separation, you may well be able to avoid such an apportionment, inasmuch as a party's earnings after separation are separate property.


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 |

CAN I GET A MEDIATED DIVORCE?

QUESTION: I would like to get a mediator for my divorce, but I am not sure if this is the best for my situation. What are the benefits of having a mediated divorce versus a contested divorce? Does it make the process any easier if I hired a mediator?

MY RESPONSE:

The benefit of a mediated divorce is that, if successful, it avoids the adversary experience, stress and expense of a litigated divorce.

The mediator needs to be jointly hired by the parties, and represents neither party.

Each party should still retain an experienced Family Law Attorney to advise him/her, since the mediator should be independent and unbiased, and cannot provide legal advice to either party.


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 |

HOW CAN I GET A DIVORCE FOR FREE OR CHEAPLY?

QUESTION: Is there any way to divorce my husband who abandoned me six years ago, for free? If not what is the cheapest way to do this? I have to get it done quickly because my health is failing and I do not want him to get any of my property when I die.

MY RESPONSE:

The cheapest way of doing a divorce may not be the fastest or most successful way.

The cheapest way is to represent yourself in Pro Per, with the assistance of your local Superior Court's Self-Help clinic, and to file papers to request that the Court waive your filing fee.

The best way of doing a divorce in the fastest and most successful way would be to retain an experienced Family Law Attorney to file and prosecute your divorce case to completion.

Depending on your husband's income, you might be entitled to an order requiring your husband to pay some or a substantial portion (if not all) of your attorney's fees.


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 |

WILL I HAVE TO PAY ALIMONY TO MY WIFE?

QUESTION: I am in the us Army and going through a divorce. We got married in California. My soon to be ex-wife makes more than I do and is now requesting alimony. Can she get alimony, since I am giving her all the marital assets in the divorce?

MY RESPONSE:

You are not obligated to pay alimony unless or until a Court orders you to pay alimony.

You should retain an experienced Family Law Attorney in the county in which the divorce case is filed, to respond to the Petition and contest your wife's request for alimony, and perhaps to request alimony from your wife.

If your wife earns more than you do, it is she who should have the spousal support obligation, not you.

To prevent risk of your wife misrepresenting your income to get spousal support, you should be represented by an experienced Family Law Attorney in your divorce.

Also, community assets should be split 50/50.


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 |

HOW CAN I RESPOND IF MY WIFE TRICKED ME INTO DEFAULTING?

QUESTION: My wife and I agreed that if I don't respond to the Petition, we would split all assets equally. After the Response deadline passed, my wife didn't honor our verbal agreement and is now asking to keep everything. Her court hearing is in a little over a week and I’m not allowed to participate because I didn't respond in time. What can I do in this case to be able to respond to the divorce and to be able to participate in the court hearing that day?

MY RESPONSE:

You would best retain an experienced Family Law Attorney to represent you, to file an Ex Parte Application for an Order Shortening Time to hear a Motion to Set Aside your Default and allow your Response to be filed, and to take your wife's default judgment hearing off-calendar or at least continue it.

There is no time to lose, given the upcoming hearing.


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 |