In December, 2010, Kelsey Grammer (Frasier, Cheers, Kelsey Grammer Presents The Sketch Show, etc.) filed a Motion to bifurcate and sever the issue of Marital Status in his divorce from his wife, Camille Grammer (Real Housewives of Beverly Hills), and to reserve the balance of issues in the divorce to be heard and ruled on at a later date.
Married to Camille for 13 years, Kelsey reportedly wants to bifurcate his divorce to enable him to marry his fiancee', Kayte Walsh on February 25, 2011, having announced his wedding plans on David Letterman's Late Night Show on January 13.
Kelsey joined various pension and retirement plans as parties to the divorce to meet statutory conditions as required to protect Camille's interest in those plans pending Further Hearing on Reserved Issues.
Camille, however, opposed the bifurcation, claiming that her pension expert wasn't given the opportunity to review financial documents including Kelsey's SAG pension records, that she needs to conduct discovery proceedings to discover and protect her community property interests, that Kayte could be entitled by virtue of her marriage to Kelsey to legal rights to aspects of Kelsey's pension that would remain subject to later litigation in the divorce case, and that if Kelsey remarries and dies before the Further Hearing on Reserved Issues, Kayte can claim pension rights as Kelsey's widow and Camille would have to fund her own attorney's fees in litigation over her share of the pension rights.
Camille's attorney proposed that Kelsey post a $10 million bond to cover Camille's litigation expenses and potential losses, asserting that Camille shouldn't have to litigate against the next Mrs. Grammer-to-be (who would be Kelsey's 4th wife).
On February 2, Judge Maren Nelson told the parties' attorneys that the marriage could be dissolved once they have agreed to a settlement, and the hearing was continued to February 7.
On February 7, the attorneys advised the Court that they had reached a settlement, but the parties had not yet signed the settlement documents, that a Stipuated Judgment will be submitted to the Court on February 10, and that Kelsey will post a $2 million bond for 18 months to protect Camille's interest in his pension pending resolution of the Reserved Issues. It appears that the bifurcation battle in Marriage of Grammer is going to be resolved, shortly.
For related blogs on the subject of Bifurcation, see my April 28, 2009 blog entitled THE POUND OF FLESH REQUIRED FOR BIFURCATION, my April 28, 2009 blog entitled REASONS TO OPPOSE BIFURCATED STATUS DISSOLUTION, and my April 26, 2009 blog entitled UNTYING THE KNOT EARLY: BIFURCATION OF MARITAL STATUS
This blog was brought to you by DONALD F. CONVISER, a Certified Family Law Specialist, owner of WARNER CENTER LAW OFFICES in Woodland Hills, CA, a Los Angeles Divorce Lawyer who has been aggressively and effectively representing clients in Los Angeles and Ventura counties for over 35 years.
Tuesday, February 8, 2011
Monday, February 7, 2011
IN A DIVORCE, WHO HAS TO PAY SCHOOL LOANS INCURRED DURING MARRIAGE?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: In California, who should pay for school loan debts incurred during a marriage? I incurred school loans when I was married to my ex-husband. Does this work like regular debt, and will we have to split it? Should my ex-husband pay for part of the debt, or do I have to pay for it on my own?
ANSWER: Unless your ex-husband agrees otherwise, you will have to repay your educational loans.
Family Code Section 2641(b)(2) provides that a loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division, but shall be assigned for payment by the party.
Family Code Section 2627 provides that educational loans shall be assigned pursuant to Section 2641
This blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
QUESTION: In California, who should pay for school loan debts incurred during a marriage? I incurred school loans when I was married to my ex-husband. Does this work like regular debt, and will we have to split it? Should my ex-husband pay for part of the debt, or do I have to pay for it on my own?
ANSWER: Unless your ex-husband agrees otherwise, you will have to repay your educational loans.
Family Code Section 2641(b)(2) provides that a loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division, but shall be assigned for payment by the party.
Family Code Section 2627 provides that educational loans shall be assigned pursuant to Section 2641
This blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
Sunday, February 6, 2011
HOW CAN I PROTECT MY CREDIT DURING A DIVORCE?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: How can I protect my credit during a divorce? I have not seen my wife since 2007. I have no idea where she is located, though I believe in Texas right now. I want to start a divorce with her. The other issue is that while married we signed a joint auto contract. I have requested the auto maker to repo it since 2007 and it continually does not get repoed because she says no. It is affecting my credit and I need to address this matter as soon as possible to help my financial distress. Any and all information is welcomed. Need to take affirmative action now.
ANSWER: You can file a divorce case here, your attorney can hire an investigator to try to locate your wife, and if unable to locate her, your attorney can obtain a declaration of due diligence from the investigator and obtain an Order for Publication of Summons to enable him to serve your wife by Publication.
Protecting your credit against the loan obligation that you co-signed for is far more difficult. Both you and your wife are liable on that loan, so the best thing you could do would be to hire an investigator to locate the car (perhaps by locating your wife) to enable the car to be repossessed. Your wife doesn't need to agree to the repossession by the lender. All that is required is that the car loan is in arrears, that the car is locatable, and that the lender have a repossessor available in that vicinity to repossess the car.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
QUESTION: How can I protect my credit during a divorce? I have not seen my wife since 2007. I have no idea where she is located, though I believe in Texas right now. I want to start a divorce with her. The other issue is that while married we signed a joint auto contract. I have requested the auto maker to repo it since 2007 and it continually does not get repoed because she says no. It is affecting my credit and I need to address this matter as soon as possible to help my financial distress. Any and all information is welcomed. Need to take affirmative action now.
ANSWER: You can file a divorce case here, your attorney can hire an investigator to try to locate your wife, and if unable to locate her, your attorney can obtain a declaration of due diligence from the investigator and obtain an Order for Publication of Summons to enable him to serve your wife by Publication.
Protecting your credit against the loan obligation that you co-signed for is far more difficult. Both you and your wife are liable on that loan, so the best thing you could do would be to hire an investigator to locate the car (perhaps by locating your wife) to enable the car to be repossessed. Your wife doesn't need to agree to the repossession by the lender. All that is required is that the car loan is in arrears, that the car is locatable, and that the lender have a repossessor available in that vicinity to repossess the car.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
Saturday, February 5, 2011
WHAT DOES MY HUSBAND HAVE TO DO TO ADOPT MY CHILD?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: What does my spouse have to do in order to legally adopt my child in California? My husband wants to adopt my daughter after being in her life 5 years. Her real dad has not been in her life for the entire 12 years she has been alive. Can my husband adopt my daughter?
ANSWER: If your daughter's biological father has not seen or been in contact with her for over one year, and has not paid any money towards her support for over one year, your current husband can file an adoption case in your county, to petition to adopt your daughter and terminate the biological father's parental rights if the biological father doesn't consent to the adoption.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
QUESTION: What does my spouse have to do in order to legally adopt my child in California? My husband wants to adopt my daughter after being in her life 5 years. Her real dad has not been in her life for the entire 12 years she has been alive. Can my husband adopt my daughter?
ANSWER: If your daughter's biological father has not seen or been in contact with her for over one year, and has not paid any money towards her support for over one year, your current husband can file an adoption case in your county, to petition to adopt your daughter and terminate the biological father's parental rights if the biological father doesn't consent to the adoption.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
Friday, February 4, 2011
WHAT DO WE HAVE TO DO IF WE WANT TO ANNUL OUR MARRIAGE?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: What do we have to do in California if we want to annul our marriage? Can we still qualify for an annulment? I have been married for less than a year, and want to divorce.
ANSWER: Annulment is not designed for the joint use of parties as a convenient alternative to Dissolution of Marrriage, to end their marriage.
The grounds for Annulment are specific. Those grounds are set forth in Family Code Section 2210:
(a) lack of capability to consent per Family Code Sections 301 or 302 unless after attaining age of consent, freely cohabited with the other as husband and wife;
(b) another marriage of husband or wife was already in force at the time of the marriage (other details omitted here);
(c) either party was of unsound mind, unless that party after coming to reason freely cohabited with the other as husband and wife;
(d) the consent of either party was obtained by fraud, unless the defrauded party with full knowledge of the fraud, freely cohabiteed with the other as husband and wife;
(e) consent to the marriage was obtained by force, unless the forced party afterwards freely cohabited with the other as husband and wife; or
(f) either party was, at the time of the marriage, physically incapable of entering into the marriage state, and tht incapacity continues and appears to be incurable.
Section 2210(d) is by far the most common ground in Annulments, but the fraud must go to the heart of the relationship for the Court to grant an Annulment.
A word to the wise: If you are seeking an Annulment, hedge your bets and seek both a Dissolution of Marriage and an Annulment in your Petition, so if the Court declines to grant the Annulment, you can still go forward with the Divorce, instead of having to start all over again with a Divorce case.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
QUESTION: What do we have to do in California if we want to annul our marriage? Can we still qualify for an annulment? I have been married for less than a year, and want to divorce.
ANSWER: Annulment is not designed for the joint use of parties as a convenient alternative to Dissolution of Marrriage, to end their marriage.
The grounds for Annulment are specific. Those grounds are set forth in Family Code Section 2210:
(a) lack of capability to consent per Family Code Sections 301 or 302 unless after attaining age of consent, freely cohabited with the other as husband and wife;
(b) another marriage of husband or wife was already in force at the time of the marriage (other details omitted here);
(c) either party was of unsound mind, unless that party after coming to reason freely cohabited with the other as husband and wife;
(d) the consent of either party was obtained by fraud, unless the defrauded party with full knowledge of the fraud, freely cohabiteed with the other as husband and wife;
(e) consent to the marriage was obtained by force, unless the forced party afterwards freely cohabited with the other as husband and wife; or
(f) either party was, at the time of the marriage, physically incapable of entering into the marriage state, and tht incapacity continues and appears to be incurable.
Section 2210(d) is by far the most common ground in Annulments, but the fraud must go to the heart of the relationship for the Court to grant an Annulment.
A word to the wise: If you are seeking an Annulment, hedge your bets and seek both a Dissolution of Marriage and an Annulment in your Petition, so if the Court declines to grant the Annulment, you can still go forward with the Divorce, instead of having to start all over again with a Divorce case.
This educational blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
Wednesday, February 2, 2011
SHOULD I LET MY HUSBAND KEEP THE HOUSE?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: What will my rights to my house be after I get a divorce? I am getting a divorce. The house is under my name. We have a 22 year-old living with us who may be eligible for grants to move in university housing or may choose to live with me. My husband has bad credit and would like to stay in the house and pay mortgage, get married immediately and bring in his wife to this house. I do not trust him to be able to pay the mortgage in the future if the wife decides to move elsewhere, or if I decide to sell the house in a year or two whether I can have them vacate the house. If we sell the house, there will be little or zero profit left with our second loans and the market as it is.
ANSWER: Keeping the house and allowing your husband to stay in the house would be problematic and ill-advised, under the circumstances you describe.
Since the house and the loans are in your name only, you could end up the victim of a foreclosure and a deficiency judgment on at least the loan secured by second trust deed if your husband fails to keep the payments current on both loans, causing you to default on your loans. If the loan secured by first trust deed had been refinanced, you could end up the victim of a deficiency judgment on the refinance loan as well.
Your credit would be damaged if your husband failed to keep the payments currrent on both loans, and your credit would be destroyed if a foreclosure occurred.
You could be forced to make payments on the loans on the house in which your then ex-husband (and his new wife) live in order to protect your credit if your then ex-husband failed to keep the payments current.
You would be forced to spend money on attorney's fees in post-divorce proceedings to deal with the house if your then ex-husband failed to keep the payments current.
If your husband has bad credit, he won't be able to refinance the loans on the house to remove you as the obligor on those loans.
Unless your husband is able to induce a friend or relative to become a co-borrower on a loan to pay off the loans under your name, and the loan in your name is paid off in full, the best thing to do under the circumstances would be to sell the house, and if your husband refuses, to ask the Court for an order to sell the house, either before trial, or at trial.
This educational blog is brought to you by DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Lawyer and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
QUESTION: What will my rights to my house be after I get a divorce? I am getting a divorce. The house is under my name. We have a 22 year-old living with us who may be eligible for grants to move in university housing or may choose to live with me. My husband has bad credit and would like to stay in the house and pay mortgage, get married immediately and bring in his wife to this house. I do not trust him to be able to pay the mortgage in the future if the wife decides to move elsewhere, or if I decide to sell the house in a year or two whether I can have them vacate the house. If we sell the house, there will be little or zero profit left with our second loans and the market as it is.
ANSWER: Keeping the house and allowing your husband to stay in the house would be problematic and ill-advised, under the circumstances you describe.
Since the house and the loans are in your name only, you could end up the victim of a foreclosure and a deficiency judgment on at least the loan secured by second trust deed if your husband fails to keep the payments current on both loans, causing you to default on your loans. If the loan secured by first trust deed had been refinanced, you could end up the victim of a deficiency judgment on the refinance loan as well.
Your credit would be damaged if your husband failed to keep the payments currrent on both loans, and your credit would be destroyed if a foreclosure occurred.
You could be forced to make payments on the loans on the house in which your then ex-husband (and his new wife) live in order to protect your credit if your then ex-husband failed to keep the payments current.
You would be forced to spend money on attorney's fees in post-divorce proceedings to deal with the house if your then ex-husband failed to keep the payments current.
If your husband has bad credit, he won't be able to refinance the loans on the house to remove you as the obligor on those loans.
Unless your husband is able to induce a friend or relative to become a co-borrower on a loan to pay off the loans under your name, and the loan in your name is paid off in full, the best thing to do under the circumstances would be to sell the house, and if your husband refuses, to ask the Court for an order to sell the house, either before trial, or at trial.
This educational blog is brought to you by DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Lawyer and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
Tuesday, February 1, 2011
CAN MY CHILD'S PREFERENCE BE TAKEN INTO CONSIDERATION IN A CHILD CUSTODY CASE?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: Can my daughter's will be taken into consideration in a child custody case? My 17 year old daughter moved in with me (father) after her mother agreed. She allowed my daughter to un-enroll from her high school, and we enrolled her where my daughter and I live. Now, three months later, the mother has changed her mind and is threatening kidnapping charges. No paperwork has been filed to change custody. Can our 17 year old state she does not want to go back to mother's residence when and if Sheriff dept show's up at our door?
ANSWER: Your daughter's "will" might not be considered by the sheriff, but could be considered by the Family Law Court in appropriate proceedings. See my Blog published on January 28, 2011, entitled: "Is the opinion of the child ever taken into consideration in a divorce?"
If the Child Custody orders in the Judgment of Dissolution of Marriage or the Uniform Parentage Act Judgment award your daughter's physical and/or legal custody to your wife, you and your daughter may be at risk if the sheriff knocks on your door.
Under the circumstances, you should promptly retain a Family Law Attorney to file an Order to Show Cause to modify child custody in the divorce case, including a request for appointment of minor's counsel, who would be able to convey your daughter's preference to the Court. It is likely that the Court would be willing to consider your 17-year old daughter's preference.
This educational blog is brought to you by DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
QUESTION: Can my daughter's will be taken into consideration in a child custody case? My 17 year old daughter moved in with me (father) after her mother agreed. She allowed my daughter to un-enroll from her high school, and we enrolled her where my daughter and I live. Now, three months later, the mother has changed her mind and is threatening kidnapping charges. No paperwork has been filed to change custody. Can our 17 year old state she does not want to go back to mother's residence when and if Sheriff dept show's up at our door?
ANSWER: Your daughter's "will" might not be considered by the sheriff, but could be considered by the Family Law Court in appropriate proceedings. See my Blog published on January 28, 2011, entitled: "Is the opinion of the child ever taken into consideration in a divorce?"
If the Child Custody orders in the Judgment of Dissolution of Marriage or the Uniform Parentage Act Judgment award your daughter's physical and/or legal custody to your wife, you and your daughter may be at risk if the sheriff knocks on your door.
Under the circumstances, you should promptly retain a Family Law Attorney to file an Order to Show Cause to modify child custody in the divorce case, including a request for appointment of minor's counsel, who would be able to convey your daughter's preference to the Court. It is likely that the Court would be willing to consider your 17-year old daughter's preference.
This educational blog is brought to you by DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.
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