The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: What should I do if I was not notified of a meeting as mandated by my child custody order? My ex husband and I share legal custody and shared physical custody. It is his responsibility to inform me when medical or educational decisions are being made for our four minor children. An IEP (individual educational plan) meeting was scheduled and attended by my ex husband; however, I was not informed of this meeting until my son just told me, after the meeting had taken place without me. What action can I take against the county and my ex husband?
ANSWER: The particular wording of the Legal Custody Order is important to consider, in the light of your husband's failure to advise you of the IEP meeting. If that Order required your and your husband's joint participation in educational decisions, it would appear that he violated that Order. If that Order required him to inform you in advance regarding educational options, it would appear that he violated that Order. If the Order merely required him to inform you when educational decisions are made, that order may possibly be too vague and general to be enforced.
You should consult with and retain an experienced Divorce Attorney to represent your interests in seeking a modification of the Legal Custody Order to make it more specific and/or to seek remedies for your husband's violation of the Legal Custody Order.
You should also contact your child/childrens' IEP personnel, provide them a copy of the Legal Custody Order, and request/insist that they provide you advance notice of and the right to participate in any and all IEP meetings.
This blog was brought to you by Los Angeles Divorce Attorney Donald F. Conviser, a Certified Family Law Specialist.
Thursday, February 17, 2011
Wednesday, February 16, 2011
WHAT ARE MY EX-HUSBAND'S RIGHTS REGARDING MY SEPARATE PROPERTY HOUSE?
The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: What will happen to my house after a divorce in California? I owned the house before we were married. My ex made some improvements to the house during our marriage. How will this house be affected by divorce under California family law?
ANSWER: If the funds used to improve your house were your husband's separate property funds, and the value of your house was enhanced by the amount of his separate property improvements, he may have a dollar-for-dollar right of reimbursement for his traceable separate property that went into your house.
If the source of the improvement funds was community property, i.e., your husband's and/or your marital earnings, then the community may have such a dollar-for-dollar right of reimbursement [your husband's share of the community reimbursement would be 1/2, and the other 1/2 would be your share].
However, if you and/or your expert can demonstrate with competent evidence that the value of your house was not enhanced by the improvements [as might be the case if your husband converted a bedroom into an office for his own use, and it didn't enhance the value of the house], you may be able to persuade the Court not to allow reimbursement.
This blog was brought to you by DONALD F. CONVISER, a Los Angeles Divorce Attorney.
QUESTION: What will happen to my house after a divorce in California? I owned the house before we were married. My ex made some improvements to the house during our marriage. How will this house be affected by divorce under California family law?
ANSWER: If the funds used to improve your house were your husband's separate property funds, and the value of your house was enhanced by the amount of his separate property improvements, he may have a dollar-for-dollar right of reimbursement for his traceable separate property that went into your house.
If the source of the improvement funds was community property, i.e., your husband's and/or your marital earnings, then the community may have such a dollar-for-dollar right of reimbursement [your husband's share of the community reimbursement would be 1/2, and the other 1/2 would be your share].
However, if you and/or your expert can demonstrate with competent evidence that the value of your house was not enhanced by the improvements [as might be the case if your husband converted a bedroom into an office for his own use, and it didn't enhance the value of the house], you may be able to persuade the Court not to allow reimbursement.
This blog was brought to you by DONALD F. CONVISER, a Los Angeles Divorce Attorney.
Tuesday, February 15, 2011
"HOW DO I LEGALLY SEPARATE FROM MY SPOUSE?"
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: How do I legally separate from my husband in California? I would like to legally separate from my husband. What is my first step?
ANSWER: There is a significant difference between "separation" and "Legal Separation."
A "Legal Separation" is essentially the same as a Dissolution of Marriage, except that you remain married to your spouse, i.e., it results in permanent orders of child custody, child support, spousal support, and property division, BUT if you get a Judgment of Legal Separation, it will require a separate Divorce case to dissolve your marital status.
People who seek a Legal Separation are usually people whose religious beliefs do not allow them to Divorce.
The first step in a Legal Separation is to prepare and file the Petition for Legal Separation and its Summons (and any related documents), have a copy of the filed documents served on your spouse along with a blank Family Law Response form, and file a Proof of Service reflecting that service.
I think you mean by your question, how can you "separate" from your husband and have that separation recognized by the Court?
You can separate by telling your spouse that you intend to get a divorce, by writing to your spouse that you intend to get a divorce, by physically separating from your spouse (moving out of the bedroom may be sufficient if you don't continue to have an intimate relationship with your spouse), by not conducting your relationship with your spouse as though you are still married, and by filing an action for Dissolution of Marriage (i.e., a Divorce case) or a case for Legal Separation.
Separation comprises words conveyed to your spouse to the effect that your marriage is over and that you don't intend to resume your marriage, along with objective manifestations of your intentions.
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 L.A. 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: How do I legally separate from my husband in California? I would like to legally separate from my husband. What is my first step?
ANSWER: There is a significant difference between "separation" and "Legal Separation."
A "Legal Separation" is essentially the same as a Dissolution of Marriage, except that you remain married to your spouse, i.e., it results in permanent orders of child custody, child support, spousal support, and property division, BUT if you get a Judgment of Legal Separation, it will require a separate Divorce case to dissolve your marital status.
People who seek a Legal Separation are usually people whose religious beliefs do not allow them to Divorce.
The first step in a Legal Separation is to prepare and file the Petition for Legal Separation and its Summons (and any related documents), have a copy of the filed documents served on your spouse along with a blank Family Law Response form, and file a Proof of Service reflecting that service.
I think you mean by your question, how can you "separate" from your husband and have that separation recognized by the Court?
You can separate by telling your spouse that you intend to get a divorce, by writing to your spouse that you intend to get a divorce, by physically separating from your spouse (moving out of the bedroom may be sufficient if you don't continue to have an intimate relationship with your spouse), by not conducting your relationship with your spouse as though you are still married, and by filing an action for Dissolution of Marriage (i.e., a Divorce case) or a case for Legal Separation.
Separation comprises words conveyed to your spouse to the effect that your marriage is over and that you don't intend to resume your marriage, along with objective manifestations of your intentions.
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 L.A. 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.
Monday, February 14, 2011
WHAT CAN I DO TO FINALIZE MY DIVORCE?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: What can I do to finalize my divorce? If my husband served me with divorce papers and I filed my response, what can I do if he does not finalize the paperwork? I want the divorce to go through but he is not moving forward.
ANSWER: Prepare, date and sign your Preliminary and Final Declarations of Disclosure [including your attached Income and Expense Declartion and your Schedule of Assets and Debts]and your Declaration re Service of Declaration of Disclosure and Income and Expense Declaration and have them served on your husband. Service can't be done by a party, so you will have to have somebody else, over the age of 18, serve those documents by mail and sign a Proof of Service; then file your Declaration re Service of Preliminary and Final Declarations of Disclosure and Income and Expense Declaration, and that Proof of Service, with the Court Clerk. Don't file your Schedule of Assets and Debts with the Court Clerk. File a Request for Trial Setting to have a trial set in your case.
You would best consult first with and retain a Family Law Attorney if there are significant issues such as Child Custody, Visitation, Child Support, Spousal Support, or Property Division involved in your divorce.
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 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 can I do to finalize my divorce? If my husband served me with divorce papers and I filed my response, what can I do if he does not finalize the paperwork? I want the divorce to go through but he is not moving forward.
ANSWER: Prepare, date and sign your Preliminary and Final Declarations of Disclosure [including your attached Income and Expense Declartion and your Schedule of Assets and Debts]and your Declaration re Service of Declaration of Disclosure and Income and Expense Declaration and have them served on your husband. Service can't be done by a party, so you will have to have somebody else, over the age of 18, serve those documents by mail and sign a Proof of Service; then file your Declaration re Service of Preliminary and Final Declarations of Disclosure and Income and Expense Declaration, and that Proof of Service, with the Court Clerk. Don't file your Schedule of Assets and Debts with the Court Clerk. File a Request for Trial Setting to have a trial set in your case.
You would best consult first with and retain a Family Law Attorney if there are significant issues such as Child Custody, Visitation, Child Support, Spousal Support, or Property Division involved in your divorce.
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 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.
Sunday, February 13, 2011
DOES NOTARIZING A PRENUPTIAL AGREEMENT MAKE IT ENFORCEABLE?
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 a notarized prenuptial agreement be legally enforced in California? Our prenuptial agreement has been notarized; does that mean that the prenup is legally enforceable under California law?
ANSWER: Acknowledgment [notarizing] of the parties' signatures on a Prenuptial Agreement isn't required for a Prenuptial Agreement to be enforceable, but is routinely done to protect against a party's later claiming that his or her signature was forged.
Whether or not a Prenuptial Agreement [otherwise known as a Prenup, Pre-Nuptial Agreement, Antenuptial Agreement, Ante-Nuptial Agreement, Pre-Marital Agreement and/or Pre-marital Agreement] is enforceable depends on many factors, including but not limited to its contents, the financial disclosures made in connection with the Prenuptial Agreement, whether the Prenuptial Agreement set forth the parties' voluntary and express waivers of disclosure beyond those made in the Prenuptial Agreement, the circumstances under which the Prenuptial Agreement was entered, whether each party consulted with indepdent counsel regarding the Prenuptial Agreement, how close to the date of the marriage the Prenuptial Agreement was entered, whether or not there was a confidential relationship between the parties prior to and/or at the time of entry into the Prenuptial Agreement, and the circumstances existing at the time enforcement of the Prenuptial Agreement is sought.
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: Can a notarized prenuptial agreement be legally enforced in California? Our prenuptial agreement has been notarized; does that mean that the prenup is legally enforceable under California law?
ANSWER: Acknowledgment [notarizing] of the parties' signatures on a Prenuptial Agreement isn't required for a Prenuptial Agreement to be enforceable, but is routinely done to protect against a party's later claiming that his or her signature was forged.
Whether or not a Prenuptial Agreement [otherwise known as a Prenup, Pre-Nuptial Agreement, Antenuptial Agreement, Ante-Nuptial Agreement, Pre-Marital Agreement and/or Pre-marital Agreement] is enforceable depends on many factors, including but not limited to its contents, the financial disclosures made in connection with the Prenuptial Agreement, whether the Prenuptial Agreement set forth the parties' voluntary and express waivers of disclosure beyond those made in the Prenuptial Agreement, the circumstances under which the Prenuptial Agreement was entered, whether each party consulted with indepdent counsel regarding the Prenuptial Agreement, how close to the date of the marriage the Prenuptial Agreement was entered, whether or not there was a confidential relationship between the parties prior to and/or at the time of entry into the Prenuptial Agreement, and the circumstances existing at the time enforcement of the Prenuptial Agreement is sought.
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.
Thursday, February 10, 2011
WILL I BE ABLE TO GET A DIVORCE IN CALIFORNIA IF MY SPOUSE CANNOT RE-ENTER THE UNITED STATES?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: Will I be able to get a divorce in California if my husband cannot re-enter the United States? My husband is not a U.S. citizen and cannot re-enter the United States, having overstayed a visa here previously. I am filing for divorce (in California), and I'm wondering what the legal implications are of his inability to appear in person, even if he wants to.
ANSWER: You are not prevented from divorcing your husband merely because he cannot legally re-enter the United States. However, he would need to be served with process for your divorce to proceed.
If your husband is agreeable to the divorce, he can be served by mail if he signs and returns a Notice and Acknowledgment of Receipt of service.
If he is not agreeable to the divorce, he will need to be served in a manner appropriate to the country in which he is served.
Many, but not all countries, are members of the Hague Convention on Service of Process. If he is in one of those countries, he will need to be served in compliance with the Hague Convention's procedures. If he isn't in one of those countries, research will need to be performed to determine the method required to give him Notice of the divorce proceedings, its cost, and the amount of time needed to complete service in accordance with that country's requirements. Service of process in foreign countries can be expensive and time-consuming.
If your husband is served, either by accepting service via Notice and Acknowledgment of Receipt, or otherwise, he could nevertheless retain counsel in California to represent his interests in a divorce, or he could default, in which case your divorce case could proceed in his absence.
If he retains counsel in California, he could "appear" at hearings via "Court Call" telephonic appearance.
Also, the fact that your husband cannot legally re-enter the U.S. doesn't preclude his illegal re-entry and personal participation in the 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 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: Will I be able to get a divorce in California if my husband cannot re-enter the United States? My husband is not a U.S. citizen and cannot re-enter the United States, having overstayed a visa here previously. I am filing for divorce (in California), and I'm wondering what the legal implications are of his inability to appear in person, even if he wants to.
ANSWER: You are not prevented from divorcing your husband merely because he cannot legally re-enter the United States. However, he would need to be served with process for your divorce to proceed.
If your husband is agreeable to the divorce, he can be served by mail if he signs and returns a Notice and Acknowledgment of Receipt of service.
If he is not agreeable to the divorce, he will need to be served in a manner appropriate to the country in which he is served.
Many, but not all countries, are members of the Hague Convention on Service of Process. If he is in one of those countries, he will need to be served in compliance with the Hague Convention's procedures. If he isn't in one of those countries, research will need to be performed to determine the method required to give him Notice of the divorce proceedings, its cost, and the amount of time needed to complete service in accordance with that country's requirements. Service of process in foreign countries can be expensive and time-consuming.
If your husband is served, either by accepting service via Notice and Acknowledgment of Receipt, or otherwise, he could nevertheless retain counsel in California to represent his interests in a divorce, or he could default, in which case your divorce case could proceed in his absence.
If he retains counsel in California, he could "appear" at hearings via "Court Call" telephonic appearance.
Also, the fact that your husband cannot legally re-enter the U.S. doesn't preclude his illegal re-entry and personal participation in the 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 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.
Wednesday, February 9, 2011
IF A FATHER GIVES UP CUSTODY RIGHTS, WILL HE STILL BE REQUIRED TO PAY CHILD SUPPORT?
I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:
QUESTION: If my husband gives up custody of his child, is he still required to pay child support in California? What will qualify my husband to not be financially responsible of this child? My husband has a daughter from another marriage, and he is debating on whether or not to give up his rights to parent her. If this is what he chooses, will he still be required to pay child support?
ANSWER: It would be a mistake for your husband to "give up" custody of his child.
California's Mandatory Child Support Guideline is based on the father's income, the mother's income, and the parties' timeshare of the child. If your husband diminished his timeshare to zero, he would pay the maximum amount of child support.
Children are entitled to be supported by both parents.
Furthermore, children are entitled to relationships with both parents.
A choice by your husband to "abandon" his daughter could have significant emotional repercussions, now and in the future - his daughter could be hurt by such a choice, and she would likely resent him and his making that choice for the rest of her life. He could later regret having made such a choice.
Better for him to participate to the fullest extent possible in his daughter's life and wellbeing. He'll have a happier and healthier daughter, and his Child Support obligation will be lower than it would be if he didn't participate in his daughter's life.
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 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: If my husband gives up custody of his child, is he still required to pay child support in California? What will qualify my husband to not be financially responsible of this child? My husband has a daughter from another marriage, and he is debating on whether or not to give up his rights to parent her. If this is what he chooses, will he still be required to pay child support?
ANSWER: It would be a mistake for your husband to "give up" custody of his child.
California's Mandatory Child Support Guideline is based on the father's income, the mother's income, and the parties' timeshare of the child. If your husband diminished his timeshare to zero, he would pay the maximum amount of child support.
Children are entitled to be supported by both parents.
Furthermore, children are entitled to relationships with both parents.
A choice by your husband to "abandon" his daughter could have significant emotional repercussions, now and in the future - his daughter could be hurt by such a choice, and she would likely resent him and his making that choice for the rest of her life. He could later regret having made such a choice.
Better for him to participate to the fullest extent possible in his daughter's life and wellbeing. He'll have a happier and healthier daughter, and his Child Support obligation will be lower than it would be if he didn't participate in his daughter's life.
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 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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