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 |
Wednesday, October 12, 2011
WHAT VISITATION RIGHTS IS MY EX-HUSBAND ENTITLED TO?
QUESTION: My ex husband currently lives in Gresham OR and was awarded during our divorce 5% rights to our son. Our son and I live in California. My ex has rarely called and has only come to visit about 6 times in 4 years. What rights does he have to our son with only 5% rights.
MY RESPONSE:
You should read the language in the Child Visitation Order (or Judgment).
Your ex-husband is entitled to the visitation rights set forth in that Judgment.
If it merely allows him to visit with your child/children for 5% of the time without specifying where and when that visitation can be exercised, I would suspect that the 5% was set forth merely for purposes of calculation of Child Support.
If your ex-husband asks to visit with the children, I would suggest that you try to work out reasonable terms for his visitation.
A Child Visitation Order (or Judgment) that doesn't specify where and when the visitation should be exercised, or at least provide a vehicle to enable visitation to be arranged is likely unenforceable, so if your ex-husband and you cannot work out reasonable terms for his visitation, he would likely need to file an Order to Show Cause in the divorce case to seek specific visitation orders.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
You should read the language in the Child Visitation Order (or Judgment).
Your ex-husband is entitled to the visitation rights set forth in that Judgment.
If it merely allows him to visit with your child/children for 5% of the time without specifying where and when that visitation can be exercised, I would suspect that the 5% was set forth merely for purposes of calculation of Child Support.
If your ex-husband asks to visit with the children, I would suggest that you try to work out reasonable terms for his visitation.
A Child Visitation Order (or Judgment) that doesn't specify where and when the visitation should be exercised, or at least provide a vehicle to enable visitation to be arranged is likely unenforceable, so if your ex-husband and you cannot work out reasonable terms for his visitation, he would likely need to file an Order to Show Cause in the divorce case to seek specific visitation orders.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
IS MY WIFE ENTITLED TO PART OF MY 401K IF SHE CHEATED ON ME?
QUESTION: My wife admitted to a judge that she cheated on me. In our divorce, is she entitled to any of my 401k?
MY RESPONSE:
California has no-fault divorce.
The fact that your wife cheated on you has no effect upon her right to her 50% share of net community property.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
California has no-fault divorce.
The fact that your wife cheated on you has no effect upon her right to her 50% share of net community property.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHEN CAN I FILE A REQUEST FOR DEFAULT IN AN UNCONTESTED DIVORCE?
QUESTION: I filed a divorce and my spouse was served in March, 2011. The proof of service wasn't filed until July 2011. Which date is the one to refer to when wanting to file a default judgment?
MY RESPONSE:
Neither date.
The date that service was made (not the filing date of the divorce or the proof of service) is the operative date from which you start counting the 30 days within which the Response should have been filed, for purposes of your Request to Enter Default.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
Neither date.
The date that service was made (not the filing date of the divorce or the proof of service) is the operative date from which you start counting the 30 days within which the Response should have been filed, for purposes of your Request to Enter Default.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN I FILE AND SERVE A DIVORCE IF MY WIFE ALREADY FILED BUT NEVER SERVED ME?
QUESTION: My spouse filed for divorce but never served me, Can I still file and serve first? I was the one who asked for the divorce, but she filed right away. I don't think she plans to serve the papers.
MY RESPONSE:
Yes. The first case to be served is the case that is operative.
Or - you can go to the Court, get a copy of your wife's Summons and Petition (and any other documents that she filed), and file and serve your Response in her case, even if she hasn't served you. If you do that, you can proceed to get a divorce under the case that your wife filed without being served.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
Yes. The first case to be served is the case that is operative.
Or - you can go to the Court, get a copy of your wife's Summons and Petition (and any other documents that she filed), and file and serve your Response in her case, even if she hasn't served you. If you do that, you can proceed to get a divorce under the case that your wife filed without being served.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WILL ALL OF OUR BANK ACCOUNTS BE SPLIT IN A DIVORCE?
QUESTION: My wife and I have a main joint account, but I also have my own separate account. Will this be split in our divorce as well?
MY RESPONSE:
Net community property is divided 50/50 in a divorce.
Merely because you had your own account in your own name doesn't change its community property character.
However, if you had separate property funds in an account (premarital funds, post-separation earnings, or funds received as a gift or in an inheritance), to the extent that you can trace those funds to a separate source, you can get those funds reimbursed to you before the balance of the funds in the account are divided 50/50.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
Net community property is divided 50/50 in a divorce.
Merely because you had your own account in your own name doesn't change its community property character.
However, if you had separate property funds in an account (premarital funds, post-separation earnings, or funds received as a gift or in an inheritance), to the extent that you can trace those funds to a separate source, you can get those funds reimbursed to you before the balance of the funds in the account are divided 50/50.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
IF WE AGREE TO GET DIVORCED, CAN WE BE REPRESENTED BY THE SAME ATTORNEY?
QUESTION: My wife and I have mutually agreed to separate due to irreconcilable differences. Can we hire one attorney to save legal fees?
MY RESPONSE:
No. It would be a conflict of interest for one attorney to represent the two opposing parties in a divorce.
However, one party can hire an attorney and the other party can be in pro per (unrepresented), and it is possible to resolve the case. In that event, the other party could be at a disadvantage, not able to get legal advice or assistance from the represented party's attorney, who likely would be looking to maximize the benefit to his/her own client.
A mediator represents neither party - you could mediate the case, but if you do that, I would recommend that each party at least consult with his/her own independent Family Law Attorney to receive advice and assistance to avoid a bad result.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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 |
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