L.A. DIVORCE BLOG

IF MY WIFE ABANDONED MY SON, CAN I STOP HER FROM TAKING HIM?

2012-01-25T11:19:00.000-08:00

QUESTION: My wife and split up in April. On Sept. 2 she dropped our son off with me said she couldn't take care off him anymore. Since then she has moved out of county/state and only seen him 2 times and called 5. About 2 hours ago she calls and says she is in town and wants him for his winter break. I fear she will take and run. Can I stop this as she is coming to get him in the morning she said?

MY RESPONSE: You should immediately file a divorce case (an action for dissolution of marriage), and when your wife shows up, have somebody other than you over the age of 18 years serve her with a copy of the filed papers (including the Summons, Petition, and Declaration under UCCJEA). The reverse side of the Summons contains restraining orders against either party taking the minor child out of the state of California, and will be effective and binding on your wife only after your divorce papers have been served on your wife. You don't have to give your son to your wife if you fear that she'll take them out of the state, but your wife will have the opportunity to seek custody and/or visitation orders from the court.

IS MY DIVORCE FINAL AFTER I FILE A REQUEST TO ENTER DEFAULT?

2012-01-25T11:16:00.000-08:00

QUESTION: If the Court enters a request to enter default that I filed in my divorce case, does that make my divorce final?

MY RESPONSE: No, your divorce is not finalized until a Judgment of Dissolution of Marriage has been entered. If you do nothing, the Court will ultimately dismiss your divorce case. You will need to file a request for a default hearing, and prepare appropriate documents for the divorce hearing, addressing the issues involved in the divorce case (such as child custody, child support, spousal support, attorney's fees, or division of community property or community debts). You would best retain an experienced Family Law Attorney to represent you for the balance of your case.

HOW CAN I PREVENT MY EX-HUSBAND FROM STOPPING MY ALIMONY PAYMENTS?

2012-01-25T11:12:00.000-08:00

QUESTION: My ex husband wants to stop alimony. How can I stop this?

MY RESPONSE: If your ex-husband has retired, lost his job, or suffered a substantial change of circumstances, if your circumstances have improved, or if you haven't complied with a Gavron warning previously given by the Court, your ex-husband may be entitled to a modification of his Spousal Support obligation. Your best chances in opposing your husband's quest would be by retaining an experienced Family Law Attorney to represent you.

HOW CAN I GET A DIVORCE IF MY HUSBAND WON’T FOLLOW THROUGH WITH ANY OF THE REQUIREMENTS?

2012-01-25T11:09:00.001-08:00

QUESTION: My husband refuses to sign the divorce papers, he won’t go to the classes, and he won’t do anything else that is required for our divorce. How can I get a divorce under these circumstances?

MY RESPONSE: Have your husband personally served with the divorce papers by somebody other than you over the age of 18, and have the server complete, sign and date a proof of personal service, and file the original of that proof of service with the Court Clerk. If your husband doesn't file and serve his Response on you within 30 days of the date that he was personally served, you can proceed to request that the Court enter his default, and when entered, you can proceed to get a default hearing to get the divorce completed. You would best retain an experienced Family Law Attorney to represent you and handle your divorce, since the documents and requirements to accomplish your goal are fairly complex.

CAN I LEGALLY ASK MY HUSBAND FOR A SEPARATION, BUT STAY IN OUR HOME?

2012-01-25T11:07:00.000-08:00

QUESTION: My husband’s name is on all of our household bills. I want to separate but remain in our home. I have a 17 year old son. Can I ask my husband for a separation, but still remain in our home?

MY RESPONSE: You don't need to move, and you don't need to "ask for a separation", but if you want to separate from your husband, you need to manifest to your husband that the marriage is over and that you have no intention to resume the marriage - best to do so with a letter that you keep a copy of, and sleep in a different room from the room your husband sleeps in. The letter will establish the date of separation. An important consideration for you to be aware of is that after the date of separation, each party's earnings will be the separate property of the party earning those earnings, whereas during the marriage and prior to separation, each party's earnings are community property. If you separate from your husband, yet continue to live in the same house with him, why don't you divorce him? It generally takes about a year or so to complete divorce proceedings, and your question makes it fairly apparent that the marriage is over. I assume that the reasons why you wish to remain in the family home would include economic reasons and continuity of your son’s lifestyle for the balance of high school. Unless there is domestic violence, you and your son can continue to reside in the same home with your husband during the divorce proceedings. If there is domestic violence or any threat of harm, you may qualify for Domestic Violence Restraining Orders, which could exclude your husband from your home.

WHERE CAN I VERIFY IF THERE IS A DOMESTIC VIOLENCE RESTRAINING ORDER AGAINST SOMEONE ELSE?

2012-01-25T11:04:00.000-08:00

WHERE CAN I VERIFY IF THERE IS A DOMESTIC VIOLENCE RESTRAINING ORDER AGAINST SOMEONE ELSE?

QUESTION: My son has a child with his ex-girlfriend who had since remarried. They share joint custody. He just learned his ex-girlfriend’s husband beat her up, and now there is a restraining order keeping his ex-girlfriend’s husband away from his wife and my granddaughter. Can I go anywhere to verify there is a restraining order against him?

MY RESPONSE: If you have the case number of the Domestic Violence case, you can look at the case file in the Superior Court clerk's office of the court which granted the restraining orders, to view the restraining orders. If you want a copy of the restraining orders, you can purchase a copy from the clerk. Alternatively (especially if you don't have the case number), your son should ask his child's mother for a copy of the Domestic Violence Restraining Order that she has against her husband.

CAN I WAIT A COUPLE OF MONTHS AFTER I SERVE CUSTODY DOCUMENTS BEFORE PROCEEDING?

2012-01-25T10:49:00.000-08:00

QUESTION: I have filed for full custody of my son. His father and I were never married. His father has been served in prison. I was advised by the legal help center at the courthouse that I am to come back in on the 31st day to receive a case summary and then proceed based on whether or not he responded. I just started a new job and will be unable to take days off in the near future to proceed. How much time after he responds or fails to respond do I have to continue the legal process? Do I have to go in on the 31st day or can I wait for a couple of months or so? Will anything happen if I wait?

MY RESPONSE: I trust that the service was done by somebody over the age of 18 other than you, since a party can't serve documents in his/her own case. If the service was improperly done, have service properly done ASAP. If the service was properly done, you should file the Proof of Service right away. If you can't do that yourself, have a friend do that, and have the friend bring an extra copy of the Proof of Service for the court clerk to conform and return to your friend so that you can have a court-stamped copy of the Proof of Service. If the Respondent fails to respond to the Paternity papers served on him within 30 days of service, you should wait at least a week beyond those 30 days to make sure that he hasn't responded, due to potential mailing delays. However, you should not wait a couple of months before proceeding to request that the Court enter his default. Some courts dismiss cases where the Petitioner does not diligently proceed. If you can't personally file the request to enter default, have a friend file it for you and get a copy conformed by the clerk. You would best retain an experienced Family Law Attorney to represent you and handle your case, if you can afford to do so and/or borrow the funds to do so.

CAN MY ATTORNEY REPRESENT MY WIFE IN A SEPARATION AGREEMENT?

2012-01-17T10:32:00.000-08:00

QUESTION: Can my attorney of many years, who has seen my mental health records, represent my wife in a separation agreement?

MY RESPONSE: That would be a bad idea. By virtue of your prior dealings with your attorney, and his/her knowledge received therein of your mental health records and history (and likely your legal matters as well), you have a confidential relationship with your attorney, who would have a conflict of interest representing your wife unless you waive that conflict - something that you should not do. Best to contact the attorney and object to his/her representing your wife in connection with a separation agreement or anything having to do with your 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 |

WHO GETS THE MAJORITY OF FUNDS FROM A DIVORCE WITH ALIMONY?

2012-01-17T10:28:00.000-08:00

QUESTION: I have child support arrears for a child 21 and soon to be 22 years old. But now I'm going through a divorce of 18 years with 3 kids. Who gets the majority of funds from a divorce with alimony? My three kids are under the age of 18 years.

MY RESPONSE: Your question is unclear as to what funds you are addressing. Net community property is divided 50/50 in a divorce. Child Support is mathematically calculated, based on your husband's income, your income, and the parties' custodial timeshare. You would likely be entitled, due to the length of your marriage, to Permanent Spousal Support, which is based on factors set forth in Family Code Section 4320, and is not mathematically calculable. Pending trial or settlement, you would likely be entitled to Temporary Spousal Support, which should be calculable in accordance with the Guidelines adopted by your county.

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 ARE MY CHANCES OF LOSING IF MY EX-SPOUSE IS TRYING TO GET FULL CUSTODY?

2012-01-17T10:25:00.000-08:00

QUESTION: My ex is filing for full custody. What are my chances of losing?

MY RESPONSE: Based on the lack of factual information in your question, I would hazard a rough guess of 50/50 chances at best, and possibly worse. However, in reality, custody is based on the evidence provided to the Court, which awards custody based on the best interests of the child/children. You should retain an experienced Family Law Attorney to represent you in the child custody matter.

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 REFILE A DIVORCE IN ANOTHER COUNTY IF MY HUSBAND WASN’T SERVED WITH MY FIRST DIVORCE CASE?

2012-01-17T10:21:00.000-08:00

QUESTION: My husband never got get served with the divorce case that I filed in Sacramento and the papers never got finished. They just started. The papers are lost. Is it okay for me to refile in the new county where I moved?

MY RESPONSE: You can't have two pending divorce cases at the same time. If you intend to file a divorce in your new county, you should dismiss the first case “without prejudice” before filing a second case in your new county. You must be a resident of the county in which you file for at least three months before you will be permitted to file a divorce case in that county. In the alternative, if your Sacramento case is still viable, and if that county is nearby, you could have your husband served with that divorce case and proceed with your divorce in Sacramento, if you wish.

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 |

SHOULD I MAKE CHILD SUPPORT PAYMENTS IF MY NAME IS NOT ON THE BIRTH CERTIFICATE?

2012-01-17T10:17:00.000-08:00

QUESTION: My name is not on the baby’s birth certificate. Should I still make child support payments?

MY RESPONSE: If you are the father, you should support your child. Whether or not your name is on the child's birth certificate is immaterial. If a Court has ordered you to pay Child Support, you must comply with the Child Support Order, or you will suffer adverse consequences, including but not limited to interest at 10% per annum, possible monetary penalties, potential Contempt of Court proceedings, suspension of any licences that you hold (including your driver's license), and interception of any income tax refunds. If there is no Child Support Order against you, you would not risk those consequences if you stopped paying Child Support, but the mother would then likely seek a Child Support Order against you, either through a Child Support Governmental Agency or a private 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 NON-CUSTODIAL PARENT CONTROL WHERE THE OTHER PARENT LIVES WITH THE CHILD?

2012-01-17T10:14:00.000-08:00

QUESTION: The non-custodial parent tells me where I can and cannot live with our child. Is that acceptable?

MY RESPONSE: No. However, if the custodial parent has moved (or is moving) far away with the child (more than about 30 miles, or to another state), the non-custodial parent can file an Order to Show Cause to modify child custody, and if that parent can prove detriment to the child resulting from (or that might result from) the move-away, the non-custodial parent may be able to get orders either modifying child custody or providing that custody will change if the custodial parent moves away.

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 THE FATHER HASN’T BEEN EXERCISING HIS JOINT CUSTODY, CAN I GAIN FULL CUSTODY?

2012-01-17T10:11:00.000-08:00

QUESTION: I have joint custody with my son's dad. Our agreement is for us to share him every other week. His father has not had him in his care since January of last year. On this night I had to pick our son up at 3 am because he had gotten sick. I have offered to work with his dad on the agreement. I have offered every other weekend and he does not want that because that's his time to himself. Our son is in school and his dad lives in another county. Can I gain full custody or have the previous agreement modified?

MY RESPONSE: You should file an Order to Show Cause to modify child custody, setting forth your proposed parenting plan, and the facts, discussions and reasons you believe that custody should be modified. Based on your ex-husband's failure to exercise his custodial rights and responsibilities for the past year, you stand a good chance of prevailing on 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 |

HOW MUCH DOES A DIVORCE COST?

2012-01-17T10:07:00.000-08:00

QUESTION: I need to get a divorce. How much will it cost me.

MY RESPONSE: The filing fee is approximately $400, but that fee is subject to periodic increases. If you represent yourself, you will have little or no additional expenses. To determine how much a Family Law Attorney charges, you should interview local Family Law Attorneys, who generally charge by the hour of services rendered. The more complex the issues and/or the more the issues are contested, the more time will need to be spent rendering services on your 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 |

IS MY DIVORCE FINAL AFTER I RECEIVE A REQUEST TO ENTER DEFAULT?

2012-01-17T10:02:00.000-08:00

QUESTION: I am currently in the process of filing for a divorce and I want to know if my divorce has been finalized for tax purposes. I received a request to enter my default.

MY RESPONSE: No, your divorce is not finalized until a Judgment of Dissolution of Marriage has been entered. If there are issues involved in the divorce which might result in orders against your interest (such as child custody, child support, spousal support, attorney's fees, or division of community property or community debts), you should promptly consult an experienced Family Law Attorney about the risks that you face, and whether you have the time and facts available to you to support a Motion to Set Aside your Default. It is rarely if ever "safe" to allow your default to be taken - in such a case, the Court will not allow you to participate in the case, and may well consider and grant your spouse's requests for relief, even if that relief is not fair to you. It would be far wiser for you to participate in the divorce, to have the ability to make requests and influence the Judge's decisions.

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 CHILD SUPPORT ADJUSTED IF MY INCOME CAN’T AFFORD IT?

2012-01-17T09:59:00.000-08:00

QUESTION: If I pay child support and the amount that I pay on three children is so high that my total monthly income couldn't allow me to pay rent or any other bills, how would I go about getting that adjusted?

MY RESPONSE: That depends upon whether or not you are paying "guideline" child support, based on your income, the mother's income, and your percentage of custodial timeshare. If the amount of child support that you are paying is the "guideline" figure, you may need to adjust your lifestyle downwards, because it is unlikely that you would be able to convince the court to reduce child support below the "guideline" figure. If you are paying more than the "guideline" figure due to reduction of your income or increase of your custodial timeshare, you can file an Order to Show Cause to modify child support to "guideline". If you stipulated to pay an amount of child support in excess of the "guideline" figure at the time of your stipulation, you may not be able to get that figure modified, absent a material change of circumstances.

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 A BIOLOGICAL FATHER WHO IS NOT ON THE BIRTH CERTIFICATE SEEK CUSTODY RIGHTS?

2012-01-10T10:12:00.000-08:00

QUESTION: My 7 year old daughter is currently living with me and my fiance while her mother is in jail. I am the biological father. We were never married and when my daughter was born her mother listed the new boyfriend as the father on the birth certificate. I went to file at the court for guardianship, and they told me since I'm the father I can't file for guardianship. But if I'm not on the birth certificate what do I do to have legal right for custody of my daughter at least share 50/50 with her mother?

MY RESPONSE: Whether or not you are listed on your daughter's birth certificate, if you are her father, you should seek your custodial rights in a Paternity case, and if needed, you can submit to a DNA test to prove that you are your daughter's biological father. You would best retain an experienced Family Law Attorney to represent you in your Paternity 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 CHILD CUSTODY RIGHTS AND SUPPORT OBLIGATIONS DOES A PRISONER HAVE?

2012-01-10T10:06:00.000-08:00

QUESTION: If a husband is convicted by a jury in a federal trial (obstructing justice and making false statements to the FBI), does he have any child custody rights and would he still owe child support and alimony even if he's in prison for up to 20 years and he abandoned his family 4 months before his trial and has not contributed one penny to the kids and his wife since then?

MY RESPONSE: Your husband would have whatever child custody or visitation rights that the Court grants him. However, I can't imagine any Family Law judicial officer awarding child custody to a man who is imprisoned for 20 years on a Felony conviction. If your husband seeks visitation with the children during the period of his incarceration, at trial or by way of an Order to Show Cause, it would be up to the particular judicial officer hearing your case as to whether or not your husband would be granted any visitation, and if so, how often and for how long. Child Support is based on your income, your husband’s income, and the custodial timeshare. Spousal Support is based primarily on your income,your husband’s income, and the marital lifestyle. Pursuant to recent legislation first effective in 2011, if your husband is imprisoned for over 90 consecutive days, his Child Support obligation is suspended during his period of incarceration. You would best retain an experienced Family Lawyer to represent you in your divorce.

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 WIFE MOVE MY KIDS TO ANOTHER STATE?

2012-01-10T09:26:00.000-08:00

QUESTION: My kids are 10 and 8. They were born in California. We moved to Mississippi about 8 years ago. We lived there for 4 years then moved to Texas. I finally got my wife to move back to California. My wife keeps threatening to move the kids back to Texas. Can she legally do that?

MY RESPONSE: She can, unless she is served with a divorce or legal separation case filed in California. Once served, there are automatic temporary restraining orders on the reverse side of the Summons which restrain her from removing the children from the state of California during the divorce or legal separation 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 |

CAN I GET ALIMONY FOR A MARRIAGE UNDER A YEAR?

2012-01-10T09:19:00.000-08:00

QUESTION: My husband and I have only been married 9 months. Will I be entitled to alimony, and if so, for how long? We were married in WA but now live in CA.

MY RESPONSE:

In California, you would likely be entitled to Spousal Support for 1/2 the duration of your short-term marriage, i.e, for 4-1/2 months.

The amount of Temporary Spousal Support is based on your husband’s income and your income, and is usually ordered in accordance with the Spousal Support Guidelines set (or adopted) by your county.

The amount of Permanent Spousal Support (i.e., Spousal Support after Judgment) is based on the considerations set forth in Family Code Section 4320, and is not calculable based on any formula, but its monthly amount is generally less than the monthly amount of Temporary Spousal Support.

Judgment of Dissolution of Marriage cannot be granted until at least six (6) months after service of process upon the Respondent.

Under the circumstances of your short 9-month marriage, when you file (or respond to) the divorce, you should file an Order to Show Cause requesting temporary Spousal Support, unless your husband stipulates to an Order requiring him to pay you Guideline Temporary Spousal Support, and such a Stipulated Order is filed in the 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 ARE THE NEXT STEPS AFTER MY EX IS SERVED WITH DIVORCE PAPERS?

2012-01-10T09:04:00.000-08:00

QUESTION: After my ex is served with divorce papers (including receipt to be returned to me), what is the next step in the process?

MY RESPONSE:

If your husband returned to you his signed Notice and Acknowledgment of Receipt, your next step would be to file that document, attached to the original Proof of Servce by Mail, at the Superior Court Clerk's office.

However, if you were the person who mailed the Notice and Acknowledgment of Receipt to your husband, your service by mail was not proper service, inasmuch as a party is not allowed to serve documents in his/her own case, and the clerk may reject the signed Notice and Acknowledgment of Receipt with the attached improper Proof of Service by Mail.

If service on your husband of the documents by mail with the Notice and Acknowledgment of Receipt was properly done, the next step depends upon whether or not your husband dated, signed, and returned the Notice and Acknowledgment to you.

If your husband returned the dated and signed Notice and Acknowledgment of Receipt to you, his next step would be to file and serve his Response (Family Law) within 30 days of the date he signed the Notice and Acknowledgment; if he instead fails to file and serve his Response, your next step would be to seek for the Court to enter his default.

On the other hand, if your husband does not return a dated and signed Notice and Acknowledgment of Receipt to you, the service was incomplete, and you would need to have him served via personal service.

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

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 HUSBAND KEEP ME ON HIS HEALTH INSURANCE POLICY AFTER OUR DIVORCE?

2012-01-10T08:44:00.000-08:00

QUESTION: I'm getting a divorce after being married for 29 years. My husband works for the City of San Diego and pays for me to be covered under his medical insurance. He is willing to keep me on his policy. He thinks he can, because he pays for me to be on it, but I am not so sure. Can he keep me on his policy after our divorce?

MY RESPONSE: Your concern is appropriate. Once divorced, you will no longer be a “family member” of your husband’s family; your husband cannot include you on his group medical insurance after the divorce, since only family members can be covered, so you would need to seek Cobra health insurance coverage, which is fairly expensive and limited in duration.

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 MY MEDICAL MARIJUANA CARD AFFECT CUSTODY OF MY CHILDREN?

2012-01-10T08:35:00.000-08:00

QUESTION: I got a medical marijuana card last year and have been smoking much more recently for my headaches and back-pain which is one of the reasons my wife and I finally separated. Since I am doing it legally, can this affect custody of my children?

MY RESPONSE: It could possibly affect custody of your children. Many people get medical marijuana cards for recreational use of marijuana, and there are other, more traditional medications, either over-the-counter or prescribed, that can treat or reduce symptoms such as yours. Inasmuch as marijuana is an intoxicant, it isn’t a good idea to expose minor children to the use of marijuana, whether recreational or “medicinal”. Whether your use of marijuana would affect custody in your case would depend on the evidence in your case and your particular judicial officer's views of the matters addressed above.

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 WITHOUT MY SPOUSE SIGNING THE LEGAL PAPERS?

2012-01-04T13:10:00.000-08:00

QUESTION: I don't have a lawyer yet, but I know my husband won't sign the divorce papers and doesn't want to get a divorce. What can I do?

MY RESPONSE: If you hire an experienced divorce lawyer, your lawyer will know what to do to get you a divorce if your husband doesn't sign divorce papers. Your husband doesn't need to sign anything to be served; all that needs to be done is personal service of the Summons and Petition on your husband by a process server. Divorce is granted in California where irreconcilable differences have arisen between the parties, leading to an irremediable breakdown of the marriage. You and your husband have irreconcilable differences: you want a divorce and he doesn't. If your husband does not file (or timely file) a Response to the Petition, your family law attorney can file a request to enter your husband's default, and once his default is entered, your lawyer can proceed to get you a divorce without your husband's participation 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 |

HOW WILL MY HUSBAND’S CHEATING ON ME AFFECT OUR DIVORCE?

2012-01-04T13:05:00.000-08:00

QUESTION: After telling my husband that I want a divorce, he told me he has been cheating on me all along. Is it to my advantage to file a divorce petition using grounds of adultery?

MY RESPONSE:

Your husband's cheating on you during the marriage will not affect your divorce in California. California has no-fault divorce. The appropriate ground for you to use to seek dissolution of your marriage is "irreconcilable differences". The Petition for Dissolution of Marriage has no checkbox for Adultery, which hasn't been a ground for divorce in California for decades.

If your husband has been using community funds to support his relationship with his girl friend, you may be able to recover your 50% community share of the funds that you are able to prove that he expended on that relationship.

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 10-YEAR OLD CRIMINAL RECORD BE USED AGAINST ME AT MY CHILD CUSTODY HEARING?

2012-01-04T12:56:00.000-08:00

Question Detail: My criminal record has been erased because it was so long ago. If asked about my record under oath during the divorce trial, can I say I have never been arrested? If I do say that I have a criminal record, will it affect my chances to get child custody?

MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce.

An experienced Family Law Attorney would know the proper evidentiary objections to make to questions posed to you at trial or hearing on Order to Show Cause.

Whereas you should not lie in your testimony, arrests are irrelevant - they don't prove that you committed a crime. An experienced Family Law Attorney should be able to persuade the Court to sustain an objection to a question asking whether you have ever been arrested, or asking whether you have ever been convicted of a crime or have a criminal record.

Evidence of a felony conviction is admissible for the purpose of attacking the credibility of a witness, but if the accusatory pleading against you has been dismissed under the provisions of Penal Code Section 1203.4, any plea of guilty or conviction under that accusatory pleading would have been set aside.

If you were convicted of a felony, you should speak to your Family Law Attorney and/or an experienced Criminal Law Attorney to determine whether or not you could be required to answer any questions regarding that felony conviction - especially since you say that your record was erased merely due to its age.

If your conviction was for a misdemeanor, your Family Law Attorney's evidentiary objection to a question asking whether you have been arrested or convicted of a misdemeanor should be sustained.

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 IF I WANT TO DIVORCE AND OUR HOUSE IS ABOUT TO GO INTO FORECLOSURE?

2012-01-04T12:47:00.000-08:00

QUESTION: I was married to my husband for 11 years. After he went to prison, I decided it's no longer the life I wanted. I thought we could sell our home and leave on somewhat good terms. However, this has not happened. After he got out of prison, he moved back to the house and I moved out. He is unable to pay the mortgage because he has no job. I've had my job for the past 3 years and was paying all the bills, however with me gone, he is living in our home with no lights, gas and letting the mortgage bills pile up. I've asked if I could take over our home to catch up, but his answer is no! He would rather it go into foreclosure. I do not want to live there. I would just like to divorce, sell our home, and go our own ways. Please, can you direct me to the right thing to do.

MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce. If your house has equity in it, that equity should be preserved for the marital community. If your husband is living in the house and not paying its mortgage, your lawyer can file an Order to Show Cause (perhaps on an Order Shortening Time, due to need for speed because of the impending risk of foreclosure) for orders requiring that the house be listed and sold, and (possibly) for you to get possession and use of the house pending its sale, to ensure the house's being put into the best possible condition for sale and to facilitate its showing to prospective purchasers.

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 MY HUSBAND MAKE A CASE IF I FILE FOR DEFAULT CUSTODY AND DISSOLUTION OF MARRIAGE MOTION?

2011-12-31T19:02:00.000-08:00

QUESTION: I filed for dissolution and custody and served my husband the papers. We have an OSC hearing on the 30th day after I served the papers on my husband. Will that hearing cause an issue with filing a motion for default. I’m almost positive he wont be filing an answer. I'm just wondering if the hearing is on the 30th day if he will be able to make his case in court or is he still bound by the 30 days to file an answer?

MY RESPONSE: The OSC and your husband's time to file and serve his Response to your Petition are two separate and unrelated matters. If your husband appears for the OSC, that will not affect the time for him to file and serve his Response, but until you file your Request to Enter Default, he could file his Response, even after 30 days have passed. There is no such thing as a "Motion for Default". Parties are not permitted to serve papers in their own cases. If you were the person who personally served your husband, the service was invalid. You would best retain an experienced Family Law Attorney to represent you in your divorce.

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 LONG DOES MY WIFE HAVE TO SERVE DIVORCE PAPERS AFTER FILING?

2011-12-31T18:53:00.000-08:00

QUESTION: My wife has already filed a divorce case against me, but I have not been served papers yet. How long does she have until she has to refile again?

MY RESPONSE: Code of Civil Procedure Section 583.420 permits dismissal of a case for delay in prosecution if service is not made within two years after the action is commenced. Your local county rules may have more stringent requirements. If you want to get the case moving, ask your wife for a copy of the papers that she filed, and you can prepare, file and serve your Response.

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 |

DO I HAVE TO RETURN AN ENGAGEMENT RING IF MY FIANCE BROKE IT OFF?

2011-12-31T18:48:00.000-08:00

QUESTION: Do I need to return engagement ring to an ex-fiance valued at $4000 in California? He broke off engagement.

MY RESPONSE: If he broke off the engagement, you get to keep the engagement ring. Were you the one to break off the engagement, you would have to return it.

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 MY HUSBAND DO ABOUT THE 14-YEAR OLD CHILD HE JUST LEARNED HE HAS?

2011-12-31T18:14:00.000-08:00

QUESTION: My husband just found out that he may be the father of a 14 year old child. We would like some custody rights and would like a say in the child's life. The mother is difficult to deal with and we are not sure what to do. We want to know if we will have to pay back child support once paternity is verified. Can we get visitation if paternity is verified?

MY RESPONSE: If the mother was on welfare, there may be a need to reimburse some of the welfare payments for the child's support, but likely not 14 years of payments. If your husband wants to assert rights to custody and/or visitation, he should actively participate in a Paternity (Uniform Parentage Act) case. If he learned of the child only through the support agency case, he will need to file and pursue a Paternity case, seeking custody and visitation rights to his child. I assume that he has taken a DNA test to establish whether or not he is the child's father. If the test results clearly indicate that he is the father, he should waste no time in pursuing his custody/visitation rights in a Paternity case. Since he has not been in the child's life for the first 14 years, the Court would likely issue visitation orders which start with a little time with the child, and subsequent step-ups. You would have no rights or obligations in connection you’re your husband’s child – the child aready has a mother. Your husband would best be served by retaining an experienced Family Law Attorney, ASAP.

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 |

ON WHAT GROUNDS CAN I GET A DIVORCE IF MY SPOUSE WON’T AGREE TO DIVORCE ME?

2011-12-31T18:05:00.001-08:00

QUESTION: What are the legal grounds to get a divorce from my husband who has mental problems if he refuses to divorce me? Do I need to prove he has these mental problems?

MY RESPONSE: Whereas incurable insanity is one of the grounds for a dissolution of marriage, the easiest ground, by far, is "irreconcilable differences". You have irreconcilable differences with your husband: You want a divorce, and he doesn't. The Court will grant you the divorce you seek.

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 I CAN’T AFFORD AN ATTORNEY OF MY OWN, CAN I CONTACT MY EX-HUSBAND’S ATTORNEY?

2011-12-31T18:01:00.000-08:00

QUESTION: Since I cannot afford my own representation, can I directly contact my ex-husband's attorney to discuss modifications to our divorce decree?

MY RESPONSE: You can, but you could possibly qualify for an attorney's fee order, and you would be far safer if you are represented by your own attorney in dealings with your husband's attorney. If your husband is represented by counsel, you should at least contact and consult with experienced Family Law Attorneys in your local area to determine whether you can find an attorney to represent you and seek an order for Attorney's Fees to fund whatever work is needed. If the "decree" that you address is a proposed Judgment, you would best be served by an experieced Family Law Attorney's dealing with your husband's attorney. If the Judgment has already been entered and there has been a material change of circumstances since its entry, you may qualify for a modification of certain terms.

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 STOP MY DIVORCE PROCEEDINGS?

2011-12-31T17:54:00.000-08:00

QUESTION: How long after the divorce petition has been filed can it be stopped?

MY RESPONSE: If your Petition has never been served, or if it hasn't been responded to, you should promptly file a Request for Dismissal of the entire action without Prejudice, and that should stop and cause the dismissal of the divorce case. If your spouse has filed a Response, the signatures of both parties are required on the Request for Dismissal in order for the case to be dismissed.

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

WHO SHOULD SERVE MY DIVORCE PAPERS?

2011-12-21T18:00:00.000-08:00

QUESTION: Who can serve the papers if my husband is just couch surfing with his friends and I don't know where he is living right now?

MY RESPONSE: Anybody over the age of 18 other than you, who can locate your husband, can serve him. If he is employed, he should be servable at his place of employment. You might have to hire a private investigator to try to find him to get him served. If you can't locate him, you would best retain an experienced Family Law Attorney to do what is necessary to get your husband served by 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 |

DO I NEED AN ATTORNEY TO PREPARE MY PRENUPTIAL AGREEMENT?

2011-12-21T17:57:00.000-08:00

QUESTION: Do I need an attorney to prepare a Prenuptial Agreement for me, or will it be enough just to have my fiance sign a paper saying she isn't entitled to my house or that she will be entitled to up to a certain amount of money?

MY RESPONSE: By all means, have an experienced Family Law Attorney prepare your Prenuptial Agreement. There are specific requirements that need to be complied with in drafting, presenting, negotiating and executing a Prenuptial Agreement, to make it enforceable. You do not have the education, training or experience to enable you to draft an enforceable Prenuptial Agreement. An ounce of prevention is worth a pound of cure. If you're going to do it, do it right.

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 ARE MY RIGHTS IF MY EX-GIRLFRIEND WANTS TO TAKE CUSTODY OF OUR CHILDREN?

2011-12-21T17:50:00.000-08:00

QUESTION: I was with my girlfriend for 9 years. She has never worked. I always worked and still do. She left me for our roommate who has never had a job either. They have no place to go and she wants to take our kids. What rights do I have in keeping them? They live with me now and she wants to take them to her mom’s to live.

MY RESPONSE: Retain an experienced Family Law Attorney to file and pursue a Paternity (Uniform Parentage Act) case and an Order to Show Cause on your behalf, to seek custody rights to your children. Don't delay doing so. You and your ex-girlfriend have essentially equal rights to the children. Don’t play tug of war with the children; take your controversy to the Courts for a fair resolution. The Court will determine the issue of child custody based on their best interests, which will likely involve many factors, including but not limited to the parenting roles that each party has played. The fact that your ex-girlfriend left you for your ex-roommate is irrelevant to the issue of child custody. Whether your ex-girlfriend has a place for the children is relevant to the issue of child custody, but if she lives with her mother, an issue could be whether or not her mother’s home has appropriate space for the children. Whether or not your ex-girlfriend has ever worked is not relevant to the child custody issue, but will be considered by the Court for the child support issue. Child Support is based on the parties’ respective incomes and percentages of custodial timeshare.

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 |

DO I HAVE TO PAY ALIMONY IF MY WIFE LIVES IN AOTHER STATE?

2011-12-18T12:50:00.000-08:00

QUESTION: If I live out of state, will I have to pay alimony to my ex-wife? We have been separated for over a year now.

MY RESPONSE: If there is no court Order or Judgment requiring you to pay alimony, you have no current spousal support obligation. If you and your wife haven't yet divorced, she is your wife, not your ex-wife. If your wife files and serves a divorce case on you, you should retain an experienced Family Law Attorney to represent you in the state in which the case is filed, in an effort to minimize your risks of a spousal support obligation (among other things). If there is a court order or Judgment requiring you to pay alimony (spousal support), the fact that your wife or ex-wife lives in a different state provides no justification for you to violate the requirements of that court Order or Judgment. You could face Contempt-of-Court and other enforcement proceedings if you fail to comply with a Spousal Support Order of Judgment, no matter what state you live in.

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 CAN I DO IF MY WIFE MARRIED ME ONLY TO GET A GREEN CARD?

2011-12-18T12:36:00.000-08:00

QUESTION: Right after I got my wife a green card, she demanded a divorce. Any judge or jury will see that she only wanted my money and a green card. We were married abroad and I didn't make her sign a pre-nup. What can I do?

MY RESPONSE: You could file a Petition for Annulment of your marriage based on fraud, but you should also request a Dissolution of your Marriage in your Petition, just in case the Court denies you the Annulment.

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 CUSTODY OF MY TWO KIDS IF MY WIFE GOT PREGNANT BY ANOTHER MAN?

2011-12-18T12:25:00.000-08:00

QUESTION: My wife left me for another man and ended up getting pregnant by mistake while we're still married. Would this give me total say so in the courts? I don't even want to be nasty and try and take the kids away. I just want equal custody of our two kids. She can file one and I file one on our income taxes. I just want what's fair.

MY RESPONSE: You should promptly file a Motion for DNA Paternity Testing if she got pregnant by another man before the separation. California has no-fault divorces. Your wife's getting pregnant by another man after separation but before divorce is irrelevant to the issue of child custody, so the Court would likely not admit any evidence of your wife's affair or pregnancy under those circumstances. Child Custody is based on the relationships of the respective parents with the children, and the quality of their parenting. Seek child custody and income tax emptions based on the merits of the relevant facts in your 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 |

CAN MY DIVORCE LAWYER REVEAL INFORMATION WITHOUT MY PERMISSION?

2011-12-18T12:14:00.000-08:00

QUESTION: I am divorced and I am seeing a guy who has been separated from his wife for 2 years. My lawyer is also representing my boy friend’s soon to be ex. At the last appointment I had with my lawyer over some issues with my own case,he asked me if I was dating this person. I was honest and said yes, thinking it would stay confidential. This lawyer is now trying to use this information in their case. Can the lawyer use this without my permission?

MY RESPONSE: Your lawyer is ethically required to keep your communications with him confidential. Address that, and your concern, to your lawyer (and perhaps to the State Bar), without delay. If your lawyer violates your trust, he shouldn't be your lawyer.

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 |

DO I HAVE TO LET MY CHILDREN’S UNFIT, UNSTABLE FATHER VISIT WITH THEM?

2011-12-18T12:04:00.000-08:00

QUESTION: My ex has visitation rights, but has been in and out of jail, and he is habitually on drugs real bad, more often than not homeless. We have been divorced for 10 years. In those 10 years, he has never done anything for the kids. He just got disability and has started living with his sister. He isn’t stable. All of a sudden, he wants the kids. Do I have drive them to visit with their dad if he is unfit, since our divorce papers say he has those rights?

MY RESPONSE: If you have a problem with your ex visiting your children, file an Order to Show Cause to modify his visitation and request that his visits be supervised by a professional visitation monitor. You can get in trouble with the Court if you deny your ex court-ordered visitation. You would best retain an experienced Family Law Attorney to represent you.

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 MY EX-HUSBAND’S PARENTAL RIGHTS BE TERMINATED TO ENABLE MY NEW HUSBAND TO ADOPT OUR CHILDREN?

2011-12-18T11:52:00.000-08:00

QUESTION: How do I go about terminating parental rights if my ex-husband is no longer in my children's lives and my new husband wants to adopt my children?

MY RESPONSE: If your new husband wants to adopt your children, and your ex-husband hasn't been in contact with your children for over a year and hasn't supported them for over a year, or if your ex-husband consents to the adoption, the Judge in the adoption case can terminate your ex-husband's parental rights to enable your new husband to adopt your 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 |

HOW SOON AFTER MY DIVORCE CAN I REMARRY?

2011-12-18T11:41:00.000-08:00

QUESTION: How long do I have to wait to remarry after my divorce is finalized?

MY RESPONSE: You can re-marry the day that the Judgment is entered into the official records of the court. That date would be reflected on the Notice of Entry of Judgment and on the face of the Judgment, itself. You will need to get a marriage license before you can legally get re-married.

Note, however, that the other party can file a Notice of Appeal to appeal the Judgment within 60 calendar days from the date the Notice of Entry of Judgment is mailed, or if it wasn't mailed (which in a divorce case should never occur), within 180 days from the date of entry of Judgment. If the Judgment is timely appealed, depending upon whether or not the dissolution of marital status is or is not stayed in the appeal process, it might potentially affect the validity of your re-marriage, but that possibility is highly unlikely.

Even if an appeal is timely sought, reversal of the dissolution of marital status on appeal is extremely unlikely.

If your divorce was done with an Appearance, Stipulation and Waivers, or other language in your Judgment waiving the right to appeal, you would have no risk in re-marrying the date your Judgment is entered.

Even if your divorce was not done with a waiver of the right to appeal, you will most likely not have any problem if you re-marry the date the your Judgment is entered.

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 IF MY EX-HUSBAND WON’T PAY SPOUSAL SUPPORT?

2011-12-11T17:20:00.000-08:00

QUESTION: My ex-husband has not paid spousal support in months. He receiving SSI and working secretly.

MY RESPONSE:

If your ex-husband is working secretly, he is likely defrauding the Federal Government by collecting SSI payments.

SSI is designed to assist disabled, old or blind people with little or no income to meet their basic needs for food, clothing and shelter.

If your ex-husband's secret income was not disclosed in his application for his SSI benefits, or has not been disclosed to the Social Security Administration since he began to receive it, he is risking criminal prosecution.

Unfortunately, SSI cannot be assigned or garnished for Spousal or Child Support, whereas ordinary Social Security benefits can be assigned or garnished pursuant to Section 459 of the Social Security Act).

SSI is considered a supplement to income based on need, whereas ordinary Social Security benefits are considered a substitute for income.

SSI is funded by general tax revenues, whereas ordinary Social Security benefits are funded by Social Security taxes.

If you believe that your husband is working secretly, you (or your attorney) should hire a private investigator to tail your husband to and from work, and hopefully, to observe him working and getting paid), and then you (or your attorney) should subpoena his work and pay records and his employer to a deposition to obtain the facts regarding his employment and compensation, and to the hearing on an Order to Show Cause to establish arrearages due and for an assignment of wages from his employer.

You would best retain an experienced Family Law Attorney to represent you and to hire a private investigator on your behalf.

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 FIND A LAWYER TO REPRESENT ME IF I HAVE NO FINANCIAL RESOURCES?

2011-12-11T17:13:00.000-08:00

QUESTION: How can I find a lawyer to represent me if I have no financial resources, but I make more than is allowed by Legal Aid?

MY RESPONSE: You might need to proceed in Pro Per, with the assistance of your local Superior Court's self-help clinic, unless you can find an attorney to represent or otherwise assist you.

If your spouse earns a good living, an attorney might be willing to take your case, either on a Limited-Scope basis to seek an attorney-fee order from the Court before taking your case on a full-service basis, or on a full-service basis from the start.

Effective January 1, 2011, as a result of the Elkins Task Force Report to the legislature, changes were made to Family Code Section 2030 to "level the playing field", by facilitating access to counsel by parties early on in the proceedings, requiring courts to make findings as to whether an award for attorney's fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for the legal representation of both parties.

The appellate decision in Marriage of Hatch (1985) 169 Cal.App.3d 1213 suggested a disparity of earnings analysis, but many trial courts had ignored that decision.

Now, Family Code Section 2030 makes attorney's fee awards the standard, and not the exception.

The legislative changes were made to equalize litigating power between spouses. This section will likely advance women's rights in divorce proceedings. We need to wait until January 1, 2012 to receive new rules from the California Judicial Council to learn what information is to be submitted to the Court to support requests for attorney's fees.

Until then, we can only rely on case law, local Superior Court rules, and our experience with particular judicial officers to guide us.

If your spouse earns a significant living, don't give up before trying to find an experienced Family Law Attorney to represent you in your divorce.

Even if you can't find an attorney to take your case on a full-service basis, you might be able to find an attorney to take on one or more portions of your case on a Limited-Scope basis, or you might be able to find an attorney to assist you in consultations and preparation of legal documents for you on an Unbundled Services basis.

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 |

IN A DIVORCE, WHO GETS THE WEDDING GIFTS?

2011-12-11T17:06:00.000-08:00

QUESTION: Is a car that my father gave us as a wedding present community property or is it mine because my dad gave it to us?

MY RESPONSE: If your dad gave it to "us", it is community property. The fact that your father was the source of the gift is irrelevant. If a card accompanied the gift, it would be important to see specifically to whom it stated that the car was given. If that card reflects that it was given only to you, the car would be your separate property. If the card is directed to you and your spouse and states that the car was given to you and your spouse, the car would be community property. If the card doesn't reflect to whom the car was given, bear in mind that wedding gifts are typically given to the new married couple, and would most likely be held to be community property. Your father's deposition could be taken; if he testifies that he gave the car just to you, that may (or may not) help to persuade the court - his credibility and bias could be called into question since he is your father.

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 MY HUSBAND ADOPT MY SON?

2011-12-11T17:00:00.000-08:00

QUESTION: My son is 3 and his biological father has not wanted anything to do with him in two years. My son only knows my husband as his father. My husband wants to adopt him. Is it possible to have it done or not?

MY RESPONSE: If biodad consents to the adoption, his parental rights can be terminated and your husband can adopt your son. If biodad does not consent to the adoption, his parental rights can be terminated for the purposes of the adoption only if biodad has neither provided any child support for your son nor contacted your son for over one year. If both of those conditions are satisfied, the adoption court will most likely terminate biodad's parental rights and allow the adoption, assuming that the adoption social worker's adoption report recommends the adoption.

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 SEPARATED SPOUSES GET RE-MARRIED?

2011-12-11T16:55:00.000-08:00

QUESTION: My wife and I separated over 6 months ago, but never filed for divorce. Can we get re-married?

MY RESPONSE: If you were merely separated, you are still married to each other. If you want to reconcile, you can, and there would be no reason or need for you to re-marry. You could re-marry if you wish, for emotional purposes, i.e., to re-cement your vows and marriage, but your official date of marriage would be your original date of marriage - important for derivative Social Security benefits.

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 |

WHICH STATE’S LAWS APPLY TO MY DIVORCE?

2011-12-11T16:40:00.000-08:00

QUESTION: When you get a divorce, which laws apply: the laws of the state in which you got married or laws of the state where you get divorced?

MY RESPONSE: The laws of the state in which the divorce is filed are the laws that apply to your divorce. However, if you and your spouse had a Prenup (aka a Prenuptial Agreement, Premarital Agreement, and/or Antenuptial Agreement) which require that the laws of a different state apply to the Prenup, the court in the state in which you get divorced will likely apply the laws of the specified state with regard to the 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 |

MUST I TELL MY SEPARATED HUSBAND THE DETAILS ABOUT MY PREGNANCY?

2011-12-11T16:35:00.000-08:00

QUESTION: I am currently 4 months pregnant and have been separated from my husband for 2 months. We are in different states and he wants to get a divorce after the child is born. It is a very difficult time for me and I rather not speak to him anymore. Am I obligated to inform him about how my pregnancy is going when he hasn't been supporting me or been involved in much of pregnancy? Can he take me to court if I chose to not inform him about the child? Does he have the right to be there in the delivery room?

MY RESPONSE: As the father of your unborn child, he may have certain parental rights once the child is born, but he does not have the right to be in the delivery room for the birth. Either party could, in a divorce case, seek custodial or visitation rights, and you could seek Spousal Support, Child Support, and Attorney's Fees. You don't have to inform your husband about how the pregnancy is going if you don't want to. However, after the baby is born, if you don't allow him access to your child, he could claim that you denied him frequent and continuing contact, and you could be viewed unfavorably by the Court in custody litigation for doing that.

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 AN UNMARRIED WOMAN AUTOMATICALLY HAVE FULL CHILD CUSTODY?

2011-12-11T16:25:00.000-08:00

QUESTION: My son's father and I are not married, but my son and I are not living with him due to his habits. Do I have full custody of my son if we haven’t gone to court?

MY RESPONSE: As your son's mother (whose parentage cannot be denied), you do have de facto full custody rights, living with your son apart from his father. The father may be able, however, to assert and receive parental rights in a Paternity 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 |

SHOULD I FILE A LEGAL SEPARATION?

2011-12-11T16:18:00.000-08:00

QUESTION: I have been married for 10 yrs. My husband and I have agreed to separate in a matter of 6 months. In the event I want to move out before that time, would I be affected in any way at the time our divorce is finalized? I did file a report on spousal abuse but neither party pressed charges. Would it be in my best interest to file a legal separation?

MY RESPONSE:

Given that you address “divorce” in your question, it appears that you may be confused about Legal Separation.

It would be in your best interest to file for a Dissolution of your Marriage (Divorce), not a Legal Separation.

You would remain married to your husband after a Legal Separation, which would divide assets and award support if appropriate, but it would not dissolve your marriage.

Separation is different from Legal Separation.

You can "Separate" from your husband at any time, by moving out or otherwise telling him that your marriage is over.

If you want to get out of your marriage, file for a Divorce.

You can do that without moving out, if you so wish, although you might be more comfortable living separately from your husband during the divorce 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 |

WILL I GET IN TROUBLE IF I MOVE OUT OF STATE WITH MY DAUGHTER?

2011-12-11T15:57:00.000-08:00

QUESTION: I am leaving state with my daughter and her dad has no custody of any kind and has not set up visitation. Can I get in trouble? He has no rights at all. He is just ordered to pay support. I am losing everything and have no place to go but with family out of state.

MY RESPONSE:

If you got your support through a Governmental Child Support Agency case, your risk of custody/visitation problems would be far less than if you got your support through a Paternity case.

In a Support Agency case, only support is litigated, whereas in a Paternity case, custody, visitation, support and attorney's fees are litigated.

If you got your support through a Paternity case, you would best seek to enter a written agreement with the father allowing you to move to the other state, and if he refuses, file an Order to Show Cause seeking Court permission to move away with your daughter.

You wouldn't need to do those things if you got your support through a Support Agency case, but dad may thereafter seek parentage rights in a Paternity Case.

Before you have lived in the other state for six (6) months, California will remain the child's "home state" for custody litigation. If no custody litigation has been begun in California during that period, after you have lived in the other state for over six (6) months, that state will become the child's "home state", and any custody litigation would thereafter have to take place in that state.

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 ARE MY CUSTODIAL RIGHTS IF MY WIFE IS HAVING AN AFFAIR?

2011-12-11T15:50:00.000-08:00

QUESTION: My wife is having an affair and left to be with her new man. She left my son with me. What are my rights? She wants to take him Monday for the day but I’m afraid that she will not bring him back.

MY RESPONSE:

The affair does not deprive your wife of her parental rights.

If you want custody of your son, you should retain an experienced Family Law Attorney to file a divorce case and seek your son's custody via an Order to Show Cause.

If you deprive your wife of her relationship with your son, that might backfire on you, because she is entitled to frequent and continuing contact with your son.

If she refuses to return your son to you, waste no time in finding an experienced Family Law Attorney to file your divorce case and an OSC on your behalf.

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 TIPS CAN YOU GIVE ME FOR GETTING CUSTODY OF MY CHILDREN?

2011-12-11T15:43:00.000-08:00

QUESTION: I am the father of two children and am getting separated. What is some advice or things I should know before the court hearing and meeting with the mediator to be able to get custody of them?

MY RESPONSE:

Be a great dad.

Be involved in all phases of your children's lives.

Know who their dentists and doctors are.

Take them to their doctors' and dentists' appointments.

Make sure their schools have you as a contact person in case there is any emergency, and invite the school personnel to contact you in the event of any emergency.

Meet with their teachers.

Be involved in PTA and the childrens' sports and other extracurricular activities.

Read to the childlren.

Help them with their homework.

Show them your love.

Encourage them to have good relationships with both parents.

Make them happy.

Prepare a reasonable parenting plan that takes into account your schedule, the mother's schedule, the children's needs, and both parents having frequent and continuing contact with the 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 |

IS MY CHILD CUSTODY AGREEMENT FOREVER BINDING?

2011-12-11T15:36:00.000-08:00

QUESTION: I am getting a divorce and my husband and I agreed on 50/50 custody. There is a good chance at some point I will need to move out of state. Is the likelihood of the court granting me more custody and allowing me to move out of state less likely if I have originally agreed to 50/50 and not moving out of the sate? Or will they look at all circumstances and reassess in an unbiased manner? Do I need to make sure I file how I want to be long term now?

MY RESPONSE:

If you and your ex-husband already have a final 50/50 agreed child custody order, you would have to prove to the Court that it would be in the children's best interest to allow you to move away with the children, a difficult burden for you to carry, since your ex-husband's time with the children would be drastically affected by the move.

The burden would be significantly less if your ex-husband doesn't get joint custody - i.e., under 30% of the children's timeshare.

If your agreement is not a written agreement, or if it wasn't made in open Court, you may not be bound by that agreement.

You should at least consult, if not retain an experienced Family Law Attorney to represent you, under the circumstances you describe.

Whereas a final child custody order may not be forever binding, it may be extremely difficult or impossible to change a joint custody order of 50/50 timeshare that you agreed to, and that may affect your ability to make the move with your child/children that you may want.

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 |

DO I HAVE TIME TO FILE MY ORDER TO SHOW CAUSE?

2011-12-11T15:29:00.000-08:00

QUESTION: My wife filed first but I got her served first. We already have a mediation date and a court date. Do I have a time limit to file my order to show cause? Would she get anything by default even though I was the first to complete the initial paperwork?

MY RESPONSE:

When you refer to a "court date", you provide insufficient information for me to determine what kind of hearing is set on that date - an Order to Show Cause, a Default hearing, a Trial, or any other kind of hearing.

I can't determine from your question which case the mediation date and "court date" are set in - your wife's divorce case or your divorce case.

Parties can't serve papers in their own cases. If you personally served your divorce papers on your wife, she wasn't properly served and her case would then be the operative case. If you got your case properly served on your wife before she got you served, your case should be the operative case, but a completed Proof of Service signed by your process server would have to be filed with the Court in your case. If that has been done, a Motion to Dismiss or Quash Proceeding should be promptly filed and served in your wife's case.

If you did not file and serve a timely Response to your wife's divorce case, she may have filed a request to enter your default. If that has occurred, you need to act quickly to file a Motion to Set Aside your Default in that case.

If there is already a mediation set and a hearing ("court date") set, it is possible that your wife already filed an Order to Show Cause, but perhaps hasn't served it on you yet. If she already had the Court enter your default in her case, you may have lost the opportunity to get notice of hearings in that case. Otherwise, the "court date" that you referred to may be a default hearing.

You should go on your Court's website and look at the case summary for your case and for her case.

If there is an Order to Show Cause on calendar (which would likely be the reason that there was a "court date" set), you should go to the Clerk's office and purchase a copy of your wife's Order to Show Cause, her Income and Expense Declaration, and any other documents that she filed that you don't already have (her Response to your Petition, and what else?). If there is an Order to Show Cause or other hearing on calendar, you should file (and have served) appropriate responsive papers as soon as possible.

You would best retain an experienced Family Law Attorney to represent you in your divorce, without delay.

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 GET A DIVORCE TO ENABLE ME TO RETURN TO THE UK?

2011-12-11T15:01:00.000-08:00

QUESTION: I am from the UK. I want to divorce my husband in California and I'm fixing to leave to go back to England. How do I go about getting the divorce?

MY RESPONSE: Your best bet would be to retain an experienced Family Law Attorney to file a Divorce case and advise you regarding the specific facts of your marriage and divorce, regarding children (if any), support (child support and/or spousal support), property division, and seeking an order for your husband to pay attorney's fees and costs.

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 DIVORCE MY ABSENT WIFE?

2011-12-11T14:39:00.000-08:00

QUESTION: If I can't find my wife and I don't know where she moved how can I get a divorce and do I have to do it in that state or can I file where I live?

MY RESPONSE:

You can file for divorce only in the state whose residency requirements you have met, which would be in the state where you live.

You would best retain an experienced family law attorney to represent you in your divorce; the attorney would have the resources available to search for your wife, and if unable to locate her, to obtain an order allowing you to serve your wife by 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 |

WILL I HAVE TO PAY ALIMONY TO MY HUSBAND?

2011-12-11T14:29:00.000-08:00

QUESTION: I’m two months pregnant by my husband who is an unemployed alcoholic. Will I have to pay him alimony when we've been married for less than two years?

MY RESPONSE:

You didn't indicate whether or not you are employed.

I assume from your question that you are contemplating, or already in, an action for Dissolution of your Marriage.

If you aren’t employed, it is extremely unlikely that the Court would order you to pay spousal support to your husband.

If you are employed, your husband could possibly get a spousal support order against you, for 1/2 the duration of the marriage.

You would best seek the services of an experienced Family Law Attorney to represent you, to try to get income imputed to your husband by the Court in an effort to minimize or eliminate your risk of a Spousal Support order against you, and to seek child custody and supervised visitation orders to protect your baby from your husband’s alcoholism.

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 AND CUSTODY RIGHTS DOES A SEPARATED FATHER HAVE?

2011-12-01T18:51:00.000-08:00

QUESTION: Can someone help me? I am newly separated from my wife, I pay $140.00 per week child support and I only get to see my son for 3 hrs a week. I am looking for some help on knowing what my visitation rights are?

MY RESPONSE:

You can file an Order to Show Cause requesting joint legal and physical custody and/or liberal visitation.

You would best at least consult an experienced family law attorney with regard to the particulars of your situation, and if you can afford to retain one, do so.

If you can't afford to retain an attorney, you can get assistance from your Superior Court's self-help clinic, to prepare the necessary documents.

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 RECEIVE 50% OF EVERYTHING MY HUSBAND AND I HAVE?

2011-12-01T18:43:00.000-08:00

QUESTION: I have been married for 3-1/2 years. We have been together for 27 years. If I divorce my husband will I be entitled to half of everything? His retirement is probably twice as much as mine, plus he receives money from various investments.

MY RESPONSE:

If you were married for only 3-1/2 years, in a divorce case, you would be entitled only to 1/2 of the community property, which would be the property accumulated during the marriage.

Any property acquired by your husband in his sole name prior to the marriage would be his separate property.

Your spousal support rights would be limited in duration to 1/2 the length of the marriage.

You may or may not be entitled to "Marvin" rights regarding property accumulated prior to the marriage, and possibly, to "Palimony", but those matters are litigated in the Civil Court, not the Divorce Court, unless the cases are consolidated.

Marvin and Palimony cases are difficult to win and expensive to litigate. They are based on written, oral, or implied agreements. Unfortunately, you would not be entitled to attorney's fees in a Marvin/Palimony case, whereas you would likely be entitled to an attorney's fee award in the Divorce case.

You should at least consult, if not retain, an experienced family lawyer to represent you.

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 |

DO HAVE CUSTODY OF MY NEWBORN BY DEFAULT UNTIL THE COURT MAKES A DECISION?

2011-12-01T18:36:00.000-08:00

QUESTION: I am 6 months pregnant and am going to be filing for a divorce in California. Since I don't believe custody will be decided until after the birth, will I have custody of my newborn by default until a decision is made in court? Should I have trouble getting full custody while the baby is a breast-feeding newborn if the father tries to contest it?

MY RESPONSE:

You can always tell who the mother is - the person who gave birth to the child. Unmarried mothers of newborns have de facto custody of their children. There is a presumption that a child born during the marriage or conceived during a marriage is a child of the married father unless he is sterile or impotent.

When you say: "I don't believe custody will be decided until after birth", I don't know if you mean that the alleged father may not be the biological father, or if you mean that you and your husband won't be able to come to agreement as to custody, or if you mean the Court will not determine custody until after birth.

Judges don't award child custody before the birth of the child.

If another man may be the biological father of your child, the alleged father will need to file a Paternity case to seek custodial/visitation rights. If he signs a Declaration of Paternity, or if you name him as the father on the birth certificate, he may have greater parental rights than he might otherwise have.

If your husband is the biological father of your child, he will at least in theory have custody rights equal to yours, although many judicial officers realize that mothers have traditionally provided early care for their newborns.

Judges have ordered mothers to use a breast pump and provide that milk in bottles to the fathers to feed the infants.

It depends on the particular judicial officer, the requests of the parties, and the quality of the testimony of both parties and the evidence offered by both parties as to what custodial/visitation rights the judicial officer will award.

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 |

DO I STILL HAVE TO SUPPORT MY DAUGHTER IF SHE HAS A CHILD?

2011-12-01T18:23:00.001-08:00

QUESTION: If my 17 year old daughter, for whom I have to pay child support, is having her own child, do I still need to pay child support?

MY RESPONSE: Yes. The fact that your daughter is pregnant and will give birth does not reduce or eliminate your child support obligation.

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 COMPEL MY EX’S ATTORNEY TO COMMUNICATE WITH ME (I’M UNREPRESENTED).

2011-12-01T18:18:00.000-08:00

QUESTION: I do not have an attorney, my Ex does. To avoid conflict with my ex, I want to only communicate through his attorney, but his attorney does not respond to me at all. Is there a law that defines lawyer’s responsibilities? And is there a law I can try to enforce to have the lawyer in the middle and not have to deal with my ex? Thank you for your help.

MY RESPONSE:

There is no law requiring your ex's attorney to communicate directly with you, other than through appropriate legal processes.

If your ex is harrassing you with calls, you could change your telephone number to an unlisted number.

If your ex is threatening you with harm, you could seek Domestic Violence Restraining Orders against him.

If you want to communicate with your ex's attorney, and you are not represented by counsel, send a letter, FAX or e-mail to your ex's attorney.

If you file and have documents served on your ex's attorney, your ex's attorney would have to serve responsive documents on you.

You could retain your own counsel, but in that event, your ex's attorney could not speak directly to you due to ethical restrictions against an attorney speaking to a represented party.

However, you would be better protected by retaining your own counsel, because your ex's attorney could use anything that you say to him/her against you, whereas anything your own attorney tells your ex's attorney can't be used against you, and an experienced Family Law Attorney would be better educated, trained, experienced and prepared than you to handle your 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 |

HOW SOON DOES A DIVORCE CASE HAVE TO BE SERVED?

2011-12-01T18:09:00.000-08:00

QUESTION: If my husband filed for divorce on Feb 18th 2011 but didn't serve me until June 22nd 2011. It it still valid?

MY RESPONSE:

The divorce case is still valid, even if your spouse delayed serving you.

It does not have to be served immediately, but it could be dismissed for failure to serve within three years, or for failure to bring to trial within five years, and there may be local rules in your county which prescribe shorter time limits.

Nevertheless, if the case hadn't been dismissed by the time it was served on you, the case is viable, and your Response was due to be filed and served within 30 days after service on you.

If you haven't yet filed and served your Response, do it without further delay, to avoid a default being entered against you.

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 IS THE FIRST STEP I SHOULD TAKE TO GET A DIVORCE?

2011-12-01T18:04:00.000-08:00

QUESTION: My husband and I have been married 10.5 years with two children, both 5 years old. What is the initial step I need to take when deciding to divorce?

MY RESPONSE: The first step you should take is to have a face-to-face consultation with an experienced Family Law Attorney regarding the specifics of your marriage, children, income, your husband's income, assets, obligations, etc.

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 |

AM I ENTITLED TO PART OF MY HUSBAND’S RETIREMENT ANNUITY?

2011-12-01T18:01:00.000-08:00

QUESTION: I was divorced in 1972. I want to know if I am entitled to part of my ex-husbands retirement annuity. He remarried once and divorced. I never remarried. Thank you.

MY RESPONSE:

If your ex-husband's retirement annuity was paid for at least in part during your marriage to him, and if your divorce Judgment grants you an interest in that retirement annuity, you should be entitled to your community share of that retirement annuity.

You should consult with an experienced Family Law Attorney regarding the specifics of your situation, to evaluate whether or not you are entitled to a community share of the retirement annuity.

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 SERVE DIVORCE PAPERS ON SOMEONE WHO HAS RESTRAINING ORDERS AGAINST HIM?

2011-12-01T17:56:00.000-08:00

QUESTION: There is currently a restraining order against my spouse, and the judge ordered that there be absolutely no contact between the two of us. If I were to send the divorce papers by certified mail would that be breaking the no contact rule?

MY RESPONSE:

If the restraining order is against your spouse, and not against you, you are not restricted from contacting your spouse.

However, a party cannot serve documents in his/her own case, and the restraining orders were issued for a reason, so it would not be a good idea for you to contact your spouse.

You should hire a process server to personally serve the divorce papers on your spouse.

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 REQUEST MONETARY DAMAGES FROM MY SPOUSE?

2011-12-01T17:51:00.000-08:00

QUESTION: My divorce was bifurcated in July 2010 but the final settlement has not been reached and we will more than likely have to go to trial. My former spouse sent me a book on an after life in hell to my job at a securities firm (where he knows all correspondence must go through compliance and personal mail is not allowed), purposefully allowed our home to go into foreclosure (he had me sign a stipulation agreement to not live in the home and he would assume all PITI payments, maintenance, etc), forged my name on a military retirement SBP waiver (I have received the report and he has agreed to pay the back payments) and fraudulently has used one of my credit accounts. The first two items have placed my job in jeopardy. Can I request a monetary damage award in addition to spousal support?

MY RESPONSE:

Possibly, if appropriately sought. Some of your husband's conduct might qualify as a breach of fiduciary duty, for which you may be able to receive an award of the amount of your community share of economic loss caused by your husband, as well as sanctions and attorney's fees.

Family Code Section 1101(a) provides that a spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse's present undivide one-half interest in the community estate. You could possibly be entitled to recover 100% of the economic loss, pursuant to Section 1101(h).

Also, if the Court determines that any of your husband's conduct comprised domestic violence, you might qualify for money damages.

If you are not now represented by counsel, you would best be served by retaining an experienced Family Law Attorney to represent you.

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 SHOULD I DOCUMENT MY SPOUSE LEAVING OUR HOME?

2011-12-01T17:46:00.000-08:00

QUESTION: My spouse left home. I want to document this issue with some authority so I may use this for any further procedures. How do I do this?

MY RESPONSE:

If you intend to divorce your spouse, and the last date that your spouse left the house you decided that your marriage was over, in your Petition for Dissolution of Marriage, you can set forth that date as the date of separation.

Post-separation earnings of each party are the separate property of the respective parties.

If the parties reconciled after a prior separation, that reconciliation would likely result in the court's finding that the earnings during the prior separation were community property. Otherwise, a party could temporarily separate for a brief period of time to convert anticipated windfall income to separate property, and then reconcile.

However, after the final separation, earnings are separate property.

Prior separations may be relevant under Family Code Section 4336(b) in the calculation of the duration of the marriage for purposes of long-term spousal support, where it states that the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration.

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 A DAD STOP THE MOM FROM GETTING AN ABORTION?

2011-12-01T17:37:00.000-08:00

QUESTION: My son got a girl pregnant; they are both of age, and he wants to keep the baby. She does not. Does he have any rights? Is there any way he can stop her from having an abortion if he wants to keep the baby? He told her if she did not want the baby, to sign over her right to the baby.

MY RESPONSE: Gentle efforts of persuasion would be the only possible way. He can offer to pay the prenatal care and birth expenses. He can't compel her to have the child. We live in a pro-choice society. She has the right to abort the fetus from her body.

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 CAN I DO TO GET A DIVORCE AFTER MY SPOUSE WAS DEPORTED?

2011-12-01T17:30:00.000-08:00

QUESTION: I was married in California but my husband just got deported. Can I get a divorce or annulment?

MY RESPONSE:

You can get a divorce, but he would have to be served in accordance with the laws of the place where he now resides (hopefully a Hague Convention country).

You could only get an annulment if you have valid grounds for an annulment - Courts don't hand those out just for the asking.

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 |

DO YOU TERMINATE A SHORT MARRIAGE BY ANNULMENT?

2011-12-01T17:24:00.000-08:00

QUESTION: After you get married and in less than a year you get divorced, is it called an annulment? Can she walk away with anything that belonged to me and not hers before we got married? What is she entitled to?

MY RESPONSE:

If a marriage doesn't work out, whether for less or more than a year, it is dissolved by Dissolution of Marriage (commonly known as divorce).

Annulment is only allowed when valid grounds for annulment exist, most commonly fraud that goes to the heart of the marriage.

Property owned by either party before marriage is that party's separate property. Your wife is not entitled to your separate property. She is only entitled to her own separate property and 1/2 of the net community property (if any exists).

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 |

AM I ENTITLED TO A REFUND OF THE BALANCE OF MY RETAINER?

2011-12-01T17:16:00.000-08:00

QUESTION: If I start a divorce case and then decided to drop it completely, am I entitled to the remaining balance of the retainer fee?

MY RESPONSE: You likely would be entitled to a refund of the unearned portion of the retainer fee, except as to any genuine non-refundable retainer fee or portion of the retainer fee - specifically paid to make the attorney available to you and not for the attorney's time or services.

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 SERVE AN OSC ON MY EX-HUSBAND BY MAIL?

2011-12-01T17:02:00.000-08:00

QUESTION: I have an Order to Show Cause that I need to serve on my ex husband. Can I do it by mail? I do not live near him.

MY RESPONSE:

A party cannot serve documents on the other party, whether by mail or otherwise.

If your husband has appeared in the case by filing and serving a Response, you can have somebody else, over the age of 18 years, serve the documents on your husband by mail, and the server would have to complete and sign a Proof of Service by Mail, a copy of which would accompany the papers that he/she serves by mail on your husband, the original of which would be filed with the Clerk of the Court.

Also, there are new rules in effect which require that, for service of post-judgment Motions or Orders to Show Cause by mail, the server must first verify the mailing address to be the actual mailing address of the party served by mail, before serving by mail, and the Proof of Service needs to set forth the facts of such verification.

If your husband didn't file a Response in the Divorce Case, you should have him personally served by a Process Server, who would provide you a completed Proof of Personal Service for you to file with the Clerk of 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 |

HOW LONG AFTER SEPARATION AM I AUTOMATICALLY DIVORCED?

2011-11-07T18:38:00.000-08:00

QUESTION: How long I have to be separated from my husband to get automatically the divorce?

MY RESPONSE:

There is no such thing as an "automatic" divorce.

There are documents that need to be filed and served, there are other documents that need to be exchanged, and it depends upon whether your spouse files a Response, or whether you need to have his Default entered, as to the procedures needed to bring the divorce to a conclusion, whether by way of settlement, trial, or default hearing.

As to when the divorce will be concluded, the earliest possible time would be six months after your spouse is served, but the actual time will be dependent upon who does what and when, as well as whether the case is settled, litigated, or resolved by the Court at a default 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 |

CAN NON-PERMANENT RESIDENTS DIVORCE?

2011-11-07T18:29:00.000-08:00

QUESTION: I have an L1A visa and my wife an L2 visa. Can we divorce under US law?

MY RESPONSE:

Anybody who has satisfied California's residency requirements to file a divorce (at least 6 months in California, and 3 months in the county) can file and get a divorce in California.

Different states have different residency requirements.

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 RE-MARRIED IF I HAVE BEEN LEGALLY SEPARATED FROM MY SPOUSE FOR A YEAR?

2011-11-07T18:25:00.000-08:00

QUESTION: We have been separated for a year now and I want to get married again. What form/legal document do I need in order to get married again?

MY RESPONSE:

You cannot get remarried until your existing marriage is dissolved, i.e., until a Judgment of Dissolution of your Marriage (a divorce) is entered into the records of the Court.

A Judgment of Legal Separation leaves you married to your wife; you cannot remarry if you only have a Judgment of Legal Separation.

Being merely separated from your wife leaves you married to your wife.

If you want to marry somebody else, you first need to divorce your wife.

Once a Notice of Entry of Judgment has been served by the Court in your divorce case, you can get a marriage license to marry somebody else.

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 FIANCE’S WIFE HAVE GROUNDS TO SUE FOR POLYGAMY?

2011-11-07T18:13:00.000-08:00

QUESTION: My fiance and I recently had a commitment ceremony in Mexico. His divorce is not finalized yet, so we did not file paperwork of any kind. We only held was looked like a wedding (dress, flowers, pictures, etc). Now my partners soon-to-be ex-wife if claiming she will sue us for polygamy, and that our "wedding photo" is proof. We are filing our taxes as single, not claiming marriage status with work or for benefits. We are only living together and wearing wedding rings. Does she have any grounds to sue for polygamy? Have we done anything illegal?

MY RESPONSE:
What you did is not illegal. You only went through a "commitment" ceremony, not a wedding. There is no private lawsuit or remedy for polygamy or bigamy in California. Whereas the "wedding rings" and the "wedding photo" may be problematic, inasmuch as you didn't actually marry your partner, and you didn't get a marriage license, your risk of being prosecuted by the state or county for bigamy (or polygamy) is practically nonexistent. After your partner's divorce Judgment has been entered, you can get married to him.

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

2011-10-27T08:15:00.000-07:00

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?

2011-10-27T08:06:00.000-07:00

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?

2011-10-27T07:14:00.000-07:00

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?

2011-10-27T07:07:00.000-07:00

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?

2011-10-27T06:55:00.000-07:00

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 |

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

2011-10-12T08:49:00.000-07:00

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?

2011-10-12T08:46:00.000-07:00

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?

2011-10-12T08:43:00.000-07:00

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?

2011-10-12T08:39:00.000-07:00

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?

2011-10-12T08:36:00.000-07:00

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?

2011-10-12T08:28:00.000-07:00

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?

2011-10-12T08:25:00.000-07:00

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?

2011-10-12T08:20:00.000-07:00

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?

2011-10-12T08:15:00.000-07:00

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 |

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

2011-10-02T17:04:00.000-07:00

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?

2011-10-02T16:59:00.000-07:00

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?

2011-10-02T16:57:00.000-07:00

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?

2011-10-02T16:54:00.000-07:00

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 |