Sunday, July 31, 2011

IS MY WIFE ENTITLED TO OUR HOME IF WE GET DIVORCED?

QUESTIONl: I'm married and bought a house. When buying the house my wife didn't want anything to do with it, so the realtors had her sign a form stating she didn't want anything to do with the house. I am getting ready to hire an attorney but want to know before I rock the boat: Would I have to sell the house and give her anything from that house?

MY RESPONSE:

Merely because your wife signed a Quitclaim Deed doesn't mean that she won't be entitled to anything from the house.

Your income during the marriage, and her income during the marriage, were both community property.

Your wife will have some sort of interest in the house, whether a community property interest or a reimbursement interest.

You should consult with an experienced Family Law Attorney regarding the specific facts in your situation, and you should retain an experienced Family Law Attorney to represent you in the divorce.

The divorce will rock the boat, in any event, and your wife will likely want everything that she is entitled to under the law.

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 THE FATHER WANTS 50/50 CUSTODY OF A NEWBORN?

QUESTION: I am pregnant by a man I briefly dated. He wants 50/50 custody with our newborn child. He thinks he should have a full week on every other week. He only lives 10 minutes away, and I will not agree to this while the child is so young when he could easily come see the child daily for several hours. What is the likelihood the court will side with him? And what can I do in the meantime?

MY RESPONSE:

Either you or he will file a Paternity case and seek custody and visitation orders. Courts generally start a father's time with his child with small amounts, increasing over time, but that is not a rule that the Courts are required to comply with.

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 |

Friday, July 29, 2011

CAN I GET FULL CHILD CUSTODY IF MY WIFE IS PREGNANT AND USING DRUGS?

QUESTION: My wife is pregnant and I caught her smoking pot. About a week later I took her to her regular doctor and found out that he had prescribed her oxycodone (a drug she used to be addicted to) despite my concerns and the concerns of her primary pre-natal care doctor. Can I divorce and get full custody?

MY RESPONSE:

You can divorce your wife.

Whether or not you get full custody would be up to the determination of the Judicial Officer hearing the case, based on all the evidence presented.

You would best be represented by an experienced Family Law Attorney in your divorce and child custody 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 |

Thursday, July 28, 2011

CAN I GET MY CHILD SUPPORT PAYMENTS REIMBURSED IF THE CHILD ISN'T MINE?

QUESTION: If I'm not the father of a child for whom I've been paying child support for years, can I stop and get that money back?

MY RESPONSE:

Possibly, but you would have to prove, via DNA testing, that the child is not yours.

If you stipulated to paternity, you may or may not face a Statute of Limitations in your effort to set aside the Stipulation and Judgment.

You should schedule a face to face consultation with an experienced Family Law Attorney to discuss and evaluate the specific facts of your situation.

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 CONSIDERED SERVED IF PAPERS MEANT FOR SERVICE ON ME WERE SERVED ON SOMEONE ELSE IN MY HOME?

QUESTION: If I was present when my child support papers were served on someone else, is the service valid?

MY RESPONSE:

Your question is unclear, but I assume that you mean that papers were served to somebody over the age of 18 who lives in your home, apparently to accompish substitute service.

If that is the case, the server would also need to mail a copy of the papers to you at your home address.

Unless your matter is a rush to see who serves first, if you got the papers, whether served upon you personally or not, you could save a lot of money by just filing and serving a timely response.

I would recommend that you at least have a face to face consultation with an experienced Family Law Attorney to evaluate the case and service concerns and advise you as to your options and their costs, to assist in a determination of whether or how to respond.

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 |

Tuesday, July 26, 2011

DO I OR MY HUSBAND HAVE TO MOVE OUT IF WE ARE GETTING DIVORCED?

QUESTION: My husband and I have chosen to divorce. Do either one of us have to move out for this to happen?

MY RESPONSE:

No. You don't have to double your costs of living during the divorce. Just keep the peace, sleep separately from one another, and try to work out a fair resolution of the issues 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 |

Monday, July 25, 2011

HOW CAN I ADD TO AN APPLICATION FOR CUSTODY AND VISITATION BEFORE THE HEARING?

QUESTION: What do I need to do to "add" to the terms of my already filed custody/visitation application and OSC prior to our first hearing? Do I need to re-serve the Respondent with the amended forms? How can I add to a custody and visitation application before our first hearing?

MY RESPONSE:

Since you didn't reveal what you asked in your initial custody and visitation application in your question, and you didn't reveal any new facts or requests in your question, I am unable to respond other than recommending that you set an appointment to consult with an experienced Family Law Attorney concerning the specific facts involved 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 |

Sunday, July 24, 2011

IF I LEAVE MY WIFE, WILL SHE GET CUSTODY OF OUR CHILDREN?

QUESTION: If I initiate the divorce and leave my wife, will she get full custody of our children? Will my reason for leaving influence the court's decision on child custody? What if I leave the house entirely during the divorce? Will my wife get full custody of our children?

MY RESPONSE:

You will have better chances of getting better custodial rights with your children if you don't leave your children during the divorce.

If you do leave, you should quickly seek child custody rights from the Court, because if the children get used to living with your wife and without you, the Court may be reluctant to uproot your children from the person and place they have been accustomed to being with.

The reasons why you want to leave (which you didn't reveal in your question) might or might not bear on the court's custody rulings - I can't tell without knowing your reasons.

Your relationship with your children and your wife's relationship with your children and your and your wife's relationship with each other are things that would be of interest to the Court in making its custody determination.

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

Saturday, July 23, 2011

HOW DO I GET A QUICK DIVORCE?

QUESTION: I want my divorce to be over as quickly as possible and put this all behind me. What is the fastest way to do this?

MY RESPONSE:

Move to Nevada and fulfill its six-week residency requirement to file for a Dissolution of your Marriage.

Whereas California has a six-month waiting period after service of the Summons and Petition before a Divorce can be granted, Nevada has no waiting period requirement.

An uncontested Divorce can generally be completed within a few weeks after filing in Nevada.

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 |

Friday, July 22, 2011

CAN I ANNUL MY MARRIAGE TO START AFRESH?

QUESTION: I want to start over completely. How do I get an annulment of marriage?

MY RESPONSE:

You don't get to annul a marriage merely because you want to start afresh.

In order to get an annulment, you need to have proper grounds and evidence supporting the grounds for annulment.

The most common ground for annulment is fraud, but it must be a fraud that goes to the heart of the marriage relationship.

If you file for annulment, you would be wise to also request a Dissolution of your marriage, so that if the Court declines to grant the annulment, it will still allow you to obtain a divorce without having to start the process all over from the beginning to dissolve 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 |

Thursday, July 21, 2011

CAN I FILE FOR LEGAL SEPARATION IF MY SPOUSE FILES FOR DIVORCE?

QUESTION: Can I file for legal separation if my spouse is filing for divorce? Do both parties need to agree on this or does the divorce hold?

MY RESPONSE:

You can but you won't prevail.

A Legal Separation is granted where the parties agree to a Legal Separation, or where the Respondent defaults in a Legal Separation case.

People rarely seek Legal Separation because that results in custody, support and property division orders but leaves them married to each other.

People seek legal separation where they have religious beliefs against Divorce, or where one party has an otherwise uninsurable health problem and the parties agree to remain married to each other to enable that party to receive the benefit of employer-provided health insurance coverage available to the employee and his/her family.

What possible reason would you have to want a Legal Separation? You would remain married to your spouse, you would be unavailable for a new relationship, you would likely have to file your income tax returns as Married Filing Separately (the highest possible marginal tax bracket) unless you and your spouse agree to file joint income tax returns, and if you wanted to get a divorce, you would have to start over from scratch.

In any event, if your spouse files for Divorce and you file for Legal Separation, your spouse will receive the Divorce, which requires only irreconcilable differences. Your wanting a Legal Separation vs. your spouse's wanting a Divorce is an irreconcilable difference which would result in the Divorce being granted.

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, July 20, 2011

HOW LONG DO I HAVE TO FILE A RESPONSE TO DIVORCE PAPERS?

QUESTION: My spouse recently serviced me divorce papers. I do not want to go through the process. How long do I have to decide before I sign the papers? How long do I have to file a response? Should I get an attorney to represent me?

MY RESPONSE:

If the papers were merely mailed to you with a Notice and Acknowledgment of Receipt of Service, they aren't served until you sign and return the Notice and Acknowledgment.

If the papers were personally served on you, or given to someone at your home or work and a copy mailed to you, you were served.

Your Response must be filed and served within 30 days after you were served, or your spouse can request that the Court enter your default, which would bar you from participating in the divorce case and subject you to the risk of adverse rulings of the court that might have been otherwise, had you participated.

If your former partner chose to end his/her relationship with you, your failing to timely respond won't interfere with his/her ability to get the divorce.

You would be far better off retaining an experienced Family Law to represent you, and you would be far better off timely filing your Response, because not to file a response leaves you in jeopardy of rulings against your interest - far better for you to participate in the process, so that you can have a vote in the quality of the rulings.

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 |

Tuesday, July 19, 2011

CAN AN ILLEGAL ALIEN GET GUARDIANSHIP OF HER GRANDCHILD?

QUESTION: Could a grandmother get guardianship of her grandchild if she is an illegal immigrant in the united states?

MY RESPONSE:

If the child's grandmother demonstrates that she is qualified to be the child's guardian, the Court can grant her petition for guardianship of the child.

The closeness and stability of the relationship between the grandmother and the grandchild are important factors that the Court will consider in awarding guardianship rights.

The fact that the grandmother is an illegal immigrant will likely not prevent her from becoming her grandchild's guardian unless she is at imminent risk of being deported.

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 |

Monday, July 18, 2011

CAN I DIVORCE MY SPOUSE WITHOUT SIGNING?

QUESTION: We are no longer together and I want to end a loveless marriage. Can I divorce my spouse without signing?

MY RESPONSE:

If you want to divorce your spouse, you will need to sign the Petition and related documents required for the divorce.

Your spouse needn't sign anything to be served, and if he doesn't timely file a signed Response to your Petition, you can file a request to have his default entered, and once entered, you can proceed by way of 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 |

Sunday, July 17, 2011

CAN A STAY AT HOME MOM GET CHILD CUSTODY?

QUESTION: My soon to be ex had an affair & moved out at the beginning of the year. I am a stay at home mom with 3 children. The youngest has a serious medical condition. My soon to be ex says he'll fight me for child custody and says he will win because I don't work. Can a stay at home mom get child custody?

MY RESPONSE:

Being employed isn't a prerequisite for child custody. Being a good, caring parent is.

You should be represented in your divorce and custody matters by an experienced Family Law Attorney, and you would likely qualify for an Attorney Fee order.

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 |

Saturday, July 16, 2011

CAN I GET A REDUCTION IN SPOUSAL SUPPORT IF MY INCOME DECREASES?

QUESTION: If my income from employement has drastically reduced can I get a reduction in my spousal support payments?

MY RESPONSE:

Depending on what your income was at the time of the order requiring you to pay Spousal Support, you may qualify for a reduction of Spousal Support, but you would have to file an Order to Show Cause [OSC] for modification of Spousal Support, along with an Income and Expense Declaration, and any modification would not be retroactive to a date prior to the date of filing of your OSC, so do not delay filing and serving 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 |

Friday, July 15, 2011

IF I GIVE MY WIFE THE HOUSE, DO I STILL NEED TO PAY ITS EXPENSES?

QUESTION: I am getting divorced from my wife, if I give her the house, do I still need to pay for the insurance and maintenance?

MY RESPONSE:

If the house is awarded to your wife by the Court or through a Stipulated Judgment (i.e., by agreement of you and your wife, reduced to a Judgment), the award should provide that she receives the house subject to (i.e., liable for) its obligations.

If that occurs, you would transfer title to the house to your wife, the house would become your wife's sole and separate property, and the costs of the house, including its loans, property tax, homeowner's insurance and maintenance (if she chooses to maintain the house) will be her obligations.

However, if there are loans on the house (such as a mortgage, 2nd trust deed and/or home equity line of credit), you would remain an obligor on those debts unless your wife refinances the house. The lenders would not be willing to let you off the hook, absent such a refinance.

If you remain an obligor on those debts, that will likely affect your ability to qualify for a loan to purchase another home, so you might require in your Stipulated Judgment that your wife refinance the home as a condition for her to receive the home in the divorce.

If your wife can't qualify for a refinance, you might reconsider whether or not you would want to transfer ownership of the home to your wife, since your remaining an obligor on its loans would affect your credit.

An alternative might be to sell the home and divide its net proceeds.

If you quitclaim the house to your wife against her wishes, you could still be held responsible to pay costs related to the house because you can't force your wife to accept the house and its liabilities.

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 |

Thursday, July 14, 2011

HOW DOES THE COURT DECIDE HOW MARITAL PROPERTY IS DIVIDED?

QUESTION: My soon to be husband and I have both been working and have paid for the jointly-titled property. How will the court decide how to divide it?

MY RESPONSE:

Net community property (i.e., the fair market value of community property less the amount of community debts) is divided 50/50 on divorce.

Unless you and your husband can agree on dividing net community property, you will need to schedule a trial to have the net community property divided, and the Court will divide it as it deems appropriate.

You would best retain an experienced Family Law Attorney to represent you if there is significant value in the net community property, because self-represented parties generally are not sufficiently versed regarding the rules of evidence that apply in trials.

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, July 13, 2011

CAN A NONCUSTODIAL PARENT FILE FOR CHILD SUPPORT?

QUESTION: The child is 18 years old, has not graduated from High School, and has decided to move in with the non custodial parent. Can the non custodial parent file for support?

MY RESPONSE:

Under those circumstances, if the NCP desires a Child Support Order, if the case is either a Divorce or Paternity(or post-Divorce or post-Paternity) case, the NCP should file an Order to Show Cause for modification of Child Custody and Child Support.

Note, however, that Child Support would be payable only if the child is a full time high school student residing with a parent, and only until the child completes the 12th grade or reaches age 19, whichever occurs first.

Note also that child support would not be retroactive to a date prior to the filing of the Order to Show Cause for modification of Child Custody and Child Support.

If the existing support order is under a local Child Support Agency case, the NCP should file an Order to Show Cause for modification of Child Support, but note that the same child support duration and retroactivity limits noted above would apply.

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 |

Tuesday, July 12, 2011

HOW SHOULD I SERVE DIVORCE PAPERS ON SOMEONE IN A DIFFERENT STATE OR COUNTY?

QUESTION: I filed initial paperwork with the court for divorce. My ex lives in Las Vegas now. I found out that my mom can send the paperwork- but is it still acceptable for her to do it even though she lives in a different county than me?

MY RESPONSE:

You can hire a private process server in Las Vegas to personally serve your husband and provide you a Proof of Service for you to file with the Clerk of the Court.

Your husband needn't respond to a Summons and Petition mailed to him with a Notice and Acknowledgment of Service by your mother - but he could.

It doesn't matter that your mother lives in a different county.

If additional documents need to be served on your husband, anybody other than you, over the age of 18 years old, can serve the papers by mail and provide you a Proof of Service 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 |

Monday, July 11, 2011

HOW CAN I HELP MY HUSBAND TO ADOPT MY DAUGHTER?

QUESTION: My husband and I would like to terminate my daughter's biological father's rights so my new husband can adopt her. I don't get the full court ordered child support and what I do get right now is from unemployment. He has not seen her since 9/2008 and has made no attempt to contact me. My fear is if I choose to do this what are the chances it could back fire and he could get visitation. How can I help my husband to adopt my daughter?

MY RESPONSE:

The biological father's parental rights can be terminated for purposes of adoption by either 1) consent of the biological father or 2) proving that the biological father has neither contacted nor provided support for the child for over a year.

If the biological father has provided some child support from his unemployment benefits during the last year (although I am curious how you learned of that, given that he has made no attempt to contact you), it is unlikely that the Court would terminate his parental rights unless he consents to 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 |

Sunday, July 10, 2011

CAN I GET CHILD SUPPORT IF THE FATHER IS IN JAIL?

QUESTION: My son's father is in jail and more than likely he's not going to get out. Can I get child support? Is there a way that I can get some assistance for my son?

MY RESPONSE: If you can't prove that the father has the ability and opportunity to work while in jail, you won't be able to get an order for child support.

You might try to qualify for some sort of public assistance under your 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 |

Saturday, July 9, 2011

CAN I GET CHILD SUPPORT IF I GIVE MY BABY MY LAST NAME?

QUESTION: Can I give my baby my last name and still get child support? I'm single and 4 1/2 months pregnant. Can I give my child my last name and still get child support and everything else as if it is still the father's baby?

MY RESPONSE: Yes. The duty to support a man's child is not dependent upon the child's last name, but is dependent upon a finding of paternity, whether by agreement or DNA testing.

You should seek child support through your county's child support agency, or in the alternative, you should file a paternity case.

The county child support agency won't charge you for its services, but may be slow, and won't represent you.

A private attorney would charge you for his/her services in a paternity case, but would likely be faster and more responsive to you, because he/she would represent you and be paid by 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 |

Friday, July 8, 2011

IF WE WERE NEVER MARRIED, DO I HAVE ANY RIGHTS TO PROPERTY OR COMPENSATION?

QUESTION: My girlfriend of fifteen years and I are splitting up. I have paid 50% of the house and bills but my name is not on it. Do I have any rights to property or compensation?

MY RESPONSE:

If the house and your relationship were in California, you may or may not have rights relating to the house, depending upon whether or not you had a written, oral or implied property-sharing or compensation agreement with your former girlfriend, in accordance with the holding in Marvin vs. Marvin and its progeny.

If there was no written, oral or implied agreement, you would not have any rights to property or compensation.

Had you been married to your girlfriend, you might well have been entitled to community property rights in the house or a portion of it, but there is no community property in a nonmarital relationship.

"Marvin" cases are litigated in the Civil Courts, not the Family Law Courts, and Attorney's Fee awards are not available in Marvin cases.

A property-sharing or compensation agreement might or might not be implied, based on facts specific to your relationship with your girlfriend.

You should consult with a knowledgable Family Law Attorney with experience in Marvin cases regarding the particulars of your situation.

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 |

Thursday, July 7, 2011

SHOULD WE GET REMARRIED TO MAKE OUR MARRIAGE VALID?

QUESTION: Should we get remarried to make it valid? My wife was still married when we got married in the state of Virginia. She was able to finish her divorce 4 years later. Virginia has void ab initio marriage for such cases. Should we get remarried now that our first marriage never existed and do I need any annulments done? It's been 6 years since we got married. We currently live in the state of California.

MY RESPONSE:

You need to remarry your wife under those circumstances.

There is no need to file to annul your marriage before remarrying your wife.

Don't forget to get a marriage license, first.

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, July 6, 2011

CAN MY DIVORCE PROCEED WITHOUT AN AGREED CUSTODY ARRANGEMENT?

QUESTION Can my divorce continue without the custody agreement being agreed upon? My husband has filed for divorce but wants joint custody of our daughter. I want sole custody. He is a drug addict and is currently on probation for violation relating to drugs. I don’t care about the divorce but I care about my child’s safety.

MY RESPONSE:
The divorce can continue without agreement as to child custody.

What you should do regarding child custody is to file an Order to Show Cause for temporary sole physical and legal custody, pending trial, and at trial seek the sole physical and legal custody of your daughter.

You would best retain an experienced Family Law Attorney to represent you in your divorce and child custody 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 |

Tuesday, July 5, 2011

HOW CAN I START THE ADOPTION PROCESS?

QUESTION: My ex husband's rights to my four children have been terminated. He signed off on his rights. My current husband wants to adopt my children. How do I start the adoption procesis?

MY RESPONSE: The adoption process is to be done by your husband, who should file an adoption case with the Court.

He would best retain a knowledgeable adoption attorney to represent him.

The social worker who performs the adoption investigation will seek your ex-husband's written consent to the adoption.

Hopefully, your ex-husband will cooperate by signing the consent form provided to him by the social worker.

The prior "termination" or "signing off" of your husband's rights (whatever that was) won't be sufficient for purposes of an adoption, unless his parental rights had been terminated by a Court of competent 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 |

Monday, July 4, 2011

WILL I HAVE TO PAY ALIMONY TO MY WIFE?

QUESTION: My wife and I are going through a divorce. We have been married 8 years. She has worked at various times during our marriage, but is now unemployed and too lazy to get a job. She has cheated on me multiple times. We have no children together. Do I have to pay her alimony?

MY RESPONSE:

You might. Without more, it is highly likely that the Court would award Spousal Support (alimony) to your wife, for 1/2 the duration of the marriage. With appropriate legal assistance, you should be able to diminish or eliminate that risk.

You would be well advised to at least consult with, if not retain an experienced Family Law Attorney to represent you.

It is possible that income could be imputed to your wife, by proving that she has both the ability and the opportunity to earn a living, through examination of her by an expert Vocational Training Consultant and/or other means, in an effort to diminish or eliminate your responsibility to pay alimony to your wife.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

Sunday, July 3, 2011

CAN I BE SERVED LEGAL DOCUMENTS AT WORK?

QUESTION: What are the regulations for serving legal documents? Can anyone go to your place of employment and serve you with legal documents?

MY RESPONSE: Anyone who is at least 18 years of age, other than a party in the case, can personally serve documents wherever they can find the person to serve [i.e, at home, at work, on the sidewalk, etc.].

The process server must properly complete and sign a Proof of Service under penalty of perjury, and if the party who is served contests the service, the process server should be available to testify as to the facts of the service.

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 |

Saturday, July 2, 2011

WILL I HAVE TO PAY SPOUSAL SUPPORT TO MY HUSBAND?

QUESTION: I have been married 30 years and separated for 5. I have a job, but my husband is unemployed. Will I have to pay him spousal support?

MY RESPONSE: You may have to pay spousal support to your husband, under those circumstances. However, you should at least consult with, if not retain, an experienced Family Law Attorney to represent you, because it may be possible to impute income to your husband, or the attorney may be able to obtain an order that your husband submit to a Vocational Evaluation by a Vocational Training Consultant, with a view to imputing income to your husband.

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 |

Friday, July 1, 2011

WILL MY SPOUSE GET HALF OF MY 401K IF I SEEK A LEGAL SEPARATION?

QUESTION: Married 30 yrs. Husband hasn't worked for about 10 yrs. and refuses to work. Husband has BA degree in engineering from before we were married. I have an AA degree from before we were married. No children. If I finally decide to pursue a Legal Separation, will he get 1/2 of my 401K?

MY RESPONSE:

In a divorce or legal separation, the Court divides the net community property 50/50 between the parties.

Your 401K is one of the assets that make up the net community property, so it would most likely be divided via a QDRO [Qualified Domestic Relations Order] in a divorce or legal separation.

The fact that you earned your 401K during the marriage and your husband has not worked for 10 years is immaterial, since each party's income during the marriage is community property.

To the extent of contributions to your 401K during the marriage, those contributions and any company matching contributions, plus or minus any investment gains or losses thereon, are community property.

I question why you would seek a Legal Separation instead of a Dissolution of your Marriage?

Unless there are religious reasons why you would not divorce your husband, you would be far better off to divorce him than to get a Legal Separation.

A Legal Separation divides Community Property and sets Spousal Support just as a Divorce would do, but a Legal Separation leaves you married to your husband.

Were you to get a Legal Separation, hour husband would remain your husband (i.e., he wouldn't become your ex-husband), and you would be forced into the worst possible marginal income tax bracket, Married filing Separately, unless you and your husband file Joint Income Tax returns (you couldn't force him to do so), and you would have to go through a totally new Family Law case, for Dissolution of Marriage, from start to finish, to divorce him.

Also, in a Legal Separation or Divorce case, the Court, under the circumstances you describe, would likely order you to pay Spousal Support (Alimony) to your husband until his death or remarriage.

You should retain an experienced Family Law Attorney to represent you in your Legal Separation or Divorce case, to attempt to have the Court impute income (ability and opportunity to work) to your husband, in an effort to minimize or eliminate your risk of a Spousal Support order.

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 |