QUESTION: My wife and split up in April. On Sept. 2 she dropped our son off with me said she couldn't take care off him anymore. Since then she has moved out of county/state and only seen him 2 times and called 5. About 2 hours ago she calls and says she is in town and wants him for his winter break. I fear she will take and run. Can I stop this as she is coming to get him in the morning she said?
MY RESPONSE: You should immediately file a divorce case (an action for dissolution of marriage), and when your wife shows up, have somebody other than you over the age of 18 years serve her with a copy of the filed papers (including the Summons, Petition, and Declaration under UCCJEA). The reverse side of the Summons contains restraining orders against either party taking the minor child out of the state of California, and will be effective and binding on your wife only after your divorce papers have been served on your wife. You don't have to give your son to your wife if you fear that she'll take them out of the state, but your wife will have the opportunity to seek custody and/or visitation orders from the court.
Wednesday, January 25, 2012
IS MY DIVORCE FINAL AFTER I FILE A REQUEST TO ENTER DEFAULT?
QUESTION: If the Court enters a request to enter default that I filed in my divorce case, does that make my divorce final?
MY RESPONSE: No, your divorce is not finalized until a Judgment of Dissolution of Marriage has been entered. If you do nothing, the Court will ultimately dismiss your divorce case. You will need to file a request for a default hearing, and prepare appropriate documents for the divorce hearing, addressing the issues involved in the divorce case (such as child custody, child support, spousal support, attorney's fees, or division of community property or community debts). You would best retain an experienced Family Law Attorney to represent you for the balance of your case.
MY RESPONSE: No, your divorce is not finalized until a Judgment of Dissolution of Marriage has been entered. If you do nothing, the Court will ultimately dismiss your divorce case. You will need to file a request for a default hearing, and prepare appropriate documents for the divorce hearing, addressing the issues involved in the divorce case (such as child custody, child support, spousal support, attorney's fees, or division of community property or community debts). You would best retain an experienced Family Law Attorney to represent you for the balance of your case.
HOW CAN I PREVENT MY EX-HUSBAND FROM STOPPING MY ALIMONY PAYMENTS?
QUESTION: My ex husband wants to stop alimony. How can I stop this?
MY RESPONSE: If your ex-husband has retired, lost his job, or suffered a substantial change of circumstances, if your circumstances have improved, or if you haven't complied with a Gavron warning previously given by the Court, your ex-husband may be entitled to a modification of his Spousal Support obligation. Your best chances in opposing your husband's quest would be by retaining an experienced Family Law Attorney to represent you.
MY RESPONSE: If your ex-husband has retired, lost his job, or suffered a substantial change of circumstances, if your circumstances have improved, or if you haven't complied with a Gavron warning previously given by the Court, your ex-husband may be entitled to a modification of his Spousal Support obligation. Your best chances in opposing your husband's quest would be by retaining an experienced Family Law Attorney to represent you.
HOW CAN I GET A DIVORCE IF MY HUSBAND WON’T FOLLOW THROUGH WITH ANY OF THE REQUIREMENTS?
QUESTION: My husband refuses to sign the divorce papers, he won’t go to the classes, and he won’t do anything else that is required for our divorce. How can I get a divorce under these circumstances?
MY RESPONSE: Have your husband personally served with the divorce papers by somebody other than you over the age of 18, and have the server complete, sign and date a proof of personal service, and file the original of that proof of service with the Court Clerk. If your husband doesn't file and serve his Response on you within 30 days of the date that he was personally served, you can proceed to request that the Court enter his default, and when entered, you can proceed to get a default hearing to get the divorce completed. You would best retain an experienced Family Law Attorney to represent you and handle your divorce, since the documents and requirements to accomplish your goal are fairly complex.
MY RESPONSE: Have your husband personally served with the divorce papers by somebody other than you over the age of 18, and have the server complete, sign and date a proof of personal service, and file the original of that proof of service with the Court Clerk. If your husband doesn't file and serve his Response on you within 30 days of the date that he was personally served, you can proceed to request that the Court enter his default, and when entered, you can proceed to get a default hearing to get the divorce completed. You would best retain an experienced Family Law Attorney to represent you and handle your divorce, since the documents and requirements to accomplish your goal are fairly complex.
CAN I LEGALLY ASK MY HUSBAND FOR A SEPARATION, BUT STAY IN OUR HOME?
QUESTION: My husband’s name is on all of our household bills. I want to separate but remain in our home. I have a 17 year old son. Can I ask my husband for a separation, but still remain in our home?
MY RESPONSE: You don't need to move, and you don't need to "ask for a separation", but if you want to separate from your husband, you need to manifest to your husband that the marriage is over and that you have no intention to resume the marriage - best to do so with a letter that you keep a copy of, and sleep in a different room from the room your husband sleeps in. The letter will establish the date of separation. An important consideration for you to be aware of is that after the date of separation, each party's earnings will be the separate property of the party earning those earnings, whereas during the marriage and prior to separation, each party's earnings are community property. If you separate from your husband, yet continue to live in the same house with him, why don't you divorce him? It generally takes about a year or so to complete divorce proceedings, and your question makes it fairly apparent that the marriage is over. I assume that the reasons why you wish to remain in the family home would include economic reasons and continuity of your son’s lifestyle for the balance of high school. Unless there is domestic violence, you and your son can continue to reside in the same home with your husband during the divorce proceedings. If there is domestic violence or any threat of harm, you may qualify for Domestic Violence Restraining Orders, which could exclude your husband from your home.
MY RESPONSE: You don't need to move, and you don't need to "ask for a separation", but if you want to separate from your husband, you need to manifest to your husband that the marriage is over and that you have no intention to resume the marriage - best to do so with a letter that you keep a copy of, and sleep in a different room from the room your husband sleeps in. The letter will establish the date of separation. An important consideration for you to be aware of is that after the date of separation, each party's earnings will be the separate property of the party earning those earnings, whereas during the marriage and prior to separation, each party's earnings are community property. If you separate from your husband, yet continue to live in the same house with him, why don't you divorce him? It generally takes about a year or so to complete divorce proceedings, and your question makes it fairly apparent that the marriage is over. I assume that the reasons why you wish to remain in the family home would include economic reasons and continuity of your son’s lifestyle for the balance of high school. Unless there is domestic violence, you and your son can continue to reside in the same home with your husband during the divorce proceedings. If there is domestic violence or any threat of harm, you may qualify for Domestic Violence Restraining Orders, which could exclude your husband from your home.
WHERE CAN I VERIFY IF THERE IS A DOMESTIC VIOLENCE RESTRAINING ORDER AGAINST SOMEONE ELSE?
WHERE CAN I VERIFY IF THERE IS A DOMESTIC VIOLENCE RESTRAINING ORDER AGAINST SOMEONE ELSE?
QUESTION: My son has a child with his ex-girlfriend who had since remarried. They share joint custody. He just learned his ex-girlfriend’s husband beat her up, and now there is a restraining order keeping his ex-girlfriend’s husband away from his wife and my granddaughter. Can I go anywhere to verify there is a restraining order against him?
MY RESPONSE: If you have the case number of the Domestic Violence case, you can look at the case file in the Superior Court clerk's office of the court which granted the restraining orders, to view the restraining orders. If you want a copy of the restraining orders, you can purchase a copy from the clerk. Alternatively (especially if you don't have the case number), your son should ask his child's mother for a copy of the Domestic Violence Restraining Order that she has against her husband.
QUESTION: My son has a child with his ex-girlfriend who had since remarried. They share joint custody. He just learned his ex-girlfriend’s husband beat her up, and now there is a restraining order keeping his ex-girlfriend’s husband away from his wife and my granddaughter. Can I go anywhere to verify there is a restraining order against him?
MY RESPONSE: If you have the case number of the Domestic Violence case, you can look at the case file in the Superior Court clerk's office of the court which granted the restraining orders, to view the restraining orders. If you want a copy of the restraining orders, you can purchase a copy from the clerk. Alternatively (especially if you don't have the case number), your son should ask his child's mother for a copy of the Domestic Violence Restraining Order that she has against her husband.
CAN I WAIT A COUPLE OF MONTHS AFTER I SERVE CUSTODY DOCUMENTS BEFORE PROCEEDING?
QUESTION: I have filed for full custody of my son. His father and I were never married. His father has been served in prison. I was advised by the legal help center at the courthouse that I am to come back in on the 31st day to receive a case summary and then proceed based on whether or not he responded. I just started a new job and will be unable to take days off in the near future to proceed. How much time after he responds or fails to respond do I have to continue the legal process? Do I have to go in on the 31st day or can I wait for a couple of months or so? Will anything happen if I wait?
MY RESPONSE: I trust that the service was done by somebody over the age of 18 other than you, since a party can't serve documents in his/her own case. If the service was improperly done, have service properly done ASAP. If the service was properly done, you should file the Proof of Service right away. If you can't do that yourself, have a friend do that, and have the friend bring an extra copy of the Proof of Service for the court clerk to conform and return to your friend so that you can have a court-stamped copy of the Proof of Service. If the Respondent fails to respond to the Paternity papers served on him within 30 days of service, you should wait at least a week beyond those 30 days to make sure that he hasn't responded, due to potential mailing delays. However, you should not wait a couple of months before proceeding to request that the Court enter his default. Some courts dismiss cases where the Petitioner does not diligently proceed. If you can't personally file the request to enter default, have a friend file it for you and get a copy conformed by the clerk. You would best retain an experienced Family Law Attorney to represent you and handle your case, if you can afford to do so and/or borrow the funds to do so.
MY RESPONSE: I trust that the service was done by somebody over the age of 18 other than you, since a party can't serve documents in his/her own case. If the service was improperly done, have service properly done ASAP. If the service was properly done, you should file the Proof of Service right away. If you can't do that yourself, have a friend do that, and have the friend bring an extra copy of the Proof of Service for the court clerk to conform and return to your friend so that you can have a court-stamped copy of the Proof of Service. If the Respondent fails to respond to the Paternity papers served on him within 30 days of service, you should wait at least a week beyond those 30 days to make sure that he hasn't responded, due to potential mailing delays. However, you should not wait a couple of months before proceeding to request that the Court enter his default. Some courts dismiss cases where the Petitioner does not diligently proceed. If you can't personally file the request to enter default, have a friend file it for you and get a copy conformed by the clerk. You would best retain an experienced Family Law Attorney to represent you and handle your case, if you can afford to do so and/or borrow the funds to do so.
Tuesday, January 17, 2012
CAN MY ATTORNEY REPRESENT MY WIFE IN A SEPARATION AGREEMENT?
QUESTION: Can my attorney of many years, who has seen my mental health records, represent my wife in a separation agreement?
MY RESPONSE: That would be a bad idea. By virtue of your prior dealings with your attorney, and his/her knowledge received therein of your mental health records and history (and likely your legal matters as well), you have a confidential relationship with your attorney, who would have a conflict of interest representing your wife unless you waive that conflict - something that you should not do. Best to contact the attorney and object to his/her representing your wife in connection with a separation agreement or anything having to do with your marriage.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: That would be a bad idea. By virtue of your prior dealings with your attorney, and his/her knowledge received therein of your mental health records and history (and likely your legal matters as well), you have a confidential relationship with your attorney, who would have a conflict of interest representing your wife unless you waive that conflict - something that you should not do. Best to contact the attorney and object to his/her representing your wife in connection with a separation agreement or anything having to do with your marriage.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHO GETS THE MAJORITY OF FUNDS FROM A DIVORCE WITH ALIMONY?
QUESTION: I have child support arrears for a child 21 and soon to be 22 years old. But now I'm going through a divorce of 18 years with 3 kids. Who gets the majority of funds from a divorce with alimony? My three kids are under the age of 18 years.
MY RESPONSE: Your question is unclear as to what funds you are addressing. Net community property is divided 50/50 in a divorce. Child Support is mathematically calculated, based on your husband's income, your income, and the parties' custodial timeshare. You would likely be entitled, due to the length of your marriage, to Permanent Spousal Support, which is based on factors set forth in Family Code Section 4320, and is not mathematically calculable. Pending trial or settlement, you would likely be entitled to Temporary Spousal Support, which should be calculable in accordance with the Guidelines adopted by your county.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: Your question is unclear as to what funds you are addressing. Net community property is divided 50/50 in a divorce. Child Support is mathematically calculated, based on your husband's income, your income, and the parties' custodial timeshare. You would likely be entitled, due to the length of your marriage, to Permanent Spousal Support, which is based on factors set forth in Family Code Section 4320, and is not mathematically calculable. Pending trial or settlement, you would likely be entitled to Temporary Spousal Support, which should be calculable in accordance with the Guidelines adopted by your county.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHAT ARE MY CHANCES OF LOSING IF MY EX-SPOUSE IS TRYING TO GET FULL CUSTODY?
QUESTION: My ex is filing for full custody. What are my chances of losing?
MY RESPONSE: Based on the lack of factual information in your question, I would hazard a rough guess of 50/50 chances at best, and possibly worse. However, in reality, custody is based on the evidence provided to the Court, which awards custody based on the best interests of the child/children. You should retain an experienced Family Law Attorney to represent you in the child custody matter.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: Based on the lack of factual information in your question, I would hazard a rough guess of 50/50 chances at best, and possibly worse. However, in reality, custody is based on the evidence provided to the Court, which awards custody based on the best interests of the child/children. You should retain an experienced Family Law Attorney to represent you in the child custody matter.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN I REFILE A DIVORCE IN ANOTHER COUNTY IF MY HUSBAND WASN’T SERVED WITH MY FIRST DIVORCE CASE?
QUESTION: My husband never got get served with the divorce case that I filed in Sacramento and the papers never got finished. They just started. The papers are lost. Is it okay for me to refile in the new county where I moved?
MY RESPONSE: You can't have two pending divorce cases at the same time. If you intend to file a divorce in your new county, you should dismiss the first case “without prejudice” before filing a second case in your new county. You must be a resident of the county in which you file for at least three months before you will be permitted to file a divorce case in that county. In the alternative, if your Sacramento case is still viable, and if that county is nearby, you could have your husband served with that divorce case and proceed with your divorce in Sacramento, if you wish.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: You can't have two pending divorce cases at the same time. If you intend to file a divorce in your new county, you should dismiss the first case “without prejudice” before filing a second case in your new county. You must be a resident of the county in which you file for at least three months before you will be permitted to file a divorce case in that county. In the alternative, if your Sacramento case is still viable, and if that county is nearby, you could have your husband served with that divorce case and proceed with your divorce in Sacramento, if you wish.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
SHOULD I MAKE CHILD SUPPORT PAYMENTS IF MY NAME IS NOT ON THE BIRTH CERTIFICATE?
QUESTION: My name is not on the baby’s birth certificate. Should I still make child support payments?
MY RESPONSE: If you are the father, you should support your child. Whether or not your name is on the child's birth certificate is immaterial. If a Court has ordered you to pay Child Support, you must comply with the Child Support Order, or you will suffer adverse consequences, including but not limited to interest at 10% per annum, possible monetary penalties, potential Contempt of Court proceedings, suspension of any licences that you hold (including your driver's license), and interception of any income tax refunds. If there is no Child Support Order against you, you would not risk those consequences if you stopped paying Child Support, but the mother would then likely seek a Child Support Order against you, either through a Child Support Governmental Agency or a private attorney.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: If you are the father, you should support your child. Whether or not your name is on the child's birth certificate is immaterial. If a Court has ordered you to pay Child Support, you must comply with the Child Support Order, or you will suffer adverse consequences, including but not limited to interest at 10% per annum, possible monetary penalties, potential Contempt of Court proceedings, suspension of any licences that you hold (including your driver's license), and interception of any income tax refunds. If there is no Child Support Order against you, you would not risk those consequences if you stopped paying Child Support, but the mother would then likely seek a Child Support Order against you, either through a Child Support Governmental Agency or a private attorney.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN THE NON-CUSTODIAL PARENT CONTROL WHERE THE OTHER PARENT LIVES WITH THE CHILD?
QUESTION: The non-custodial parent tells me where I can and cannot live with our child. Is that acceptable?
MY RESPONSE: No. However, if the custodial parent has moved (or is moving) far away with the child (more than about 30 miles, or to another state), the non-custodial parent can file an Order to Show Cause to modify child custody, and if that parent can prove detriment to the child resulting from (or that might result from) the move-away, the non-custodial parent may be able to get orders either modifying child custody or providing that custody will change if the custodial parent moves away.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: No. However, if the custodial parent has moved (or is moving) far away with the child (more than about 30 miles, or to another state), the non-custodial parent can file an Order to Show Cause to modify child custody, and if that parent can prove detriment to the child resulting from (or that might result from) the move-away, the non-custodial parent may be able to get orders either modifying child custody or providing that custody will change if the custodial parent moves away.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
IF THE FATHER HASN’T BEEN EXERCISING HIS JOINT CUSTODY, CAN I GAIN FULL CUSTODY?
QUESTION: I have joint custody with my son's dad. Our agreement is for us to share him every other week. His father has not had him in his care since January of last year. On this night I had to pick our son up at 3 am because he had gotten sick. I have offered to work with his dad on the agreement. I have offered every other weekend and he does not want that because that's his time to himself. Our son is in school and his dad lives in another county. Can I gain full custody or have the previous agreement modified?
MY RESPONSE: You should file an Order to Show Cause to modify child custody, setting forth your proposed parenting plan, and the facts, discussions and reasons you believe that custody should be modified. Based on your ex-husband's failure to exercise his custodial rights and responsibilities for the past year, you stand a good chance of prevailing on your OSC.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: You should file an Order to Show Cause to modify child custody, setting forth your proposed parenting plan, and the facts, discussions and reasons you believe that custody should be modified. Based on your ex-husband's failure to exercise his custodial rights and responsibilities for the past year, you stand a good chance of prevailing on your OSC.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
HOW MUCH DOES A DIVORCE COST?
QUESTION: I need to get a divorce. How much will it cost me.
MY RESPONSE: The filing fee is approximately $400, but that fee is subject to periodic increases. If you represent yourself, you will have little or no additional expenses. To determine how much a Family Law Attorney charges, you should interview local Family Law Attorneys, who generally charge by the hour of services rendered. The more complex the issues and/or the more the issues are contested, the more time will need to be spent rendering services on your case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: The filing fee is approximately $400, but that fee is subject to periodic increases. If you represent yourself, you will have little or no additional expenses. To determine how much a Family Law Attorney charges, you should interview local Family Law Attorneys, who generally charge by the hour of services rendered. The more complex the issues and/or the more the issues are contested, the more time will need to be spent rendering services on your case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
IS MY DIVORCE FINAL AFTER I RECEIVE A REQUEST TO ENTER DEFAULT?
QUESTION: I am currently in the process of filing for a divorce and I want to know if my divorce has been finalized for tax purposes. I received a request to enter my default.
MY RESPONSE: No, your divorce is not finalized until a Judgment of Dissolution of Marriage has been entered. If there are issues involved in the divorce which might result in orders against your interest (such as child custody, child support, spousal support, attorney's fees, or division of community property or community debts), you should promptly consult an experienced Family Law Attorney about the risks that you face, and whether you have the time and facts available to you to support a Motion to Set Aside your Default. It is rarely if ever "safe" to allow your default to be taken - in such a case, the Court will not allow you to participate in the case, and may well consider and grant your spouse's requests for relief, even if that relief is not fair to you. It would be far wiser for you to participate in the divorce, to have the ability to make requests and influence the Judge's decisions.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: No, your divorce is not finalized until a Judgment of Dissolution of Marriage has been entered. If there are issues involved in the divorce which might result in orders against your interest (such as child custody, child support, spousal support, attorney's fees, or division of community property or community debts), you should promptly consult an experienced Family Law Attorney about the risks that you face, and whether you have the time and facts available to you to support a Motion to Set Aside your Default. It is rarely if ever "safe" to allow your default to be taken - in such a case, the Court will not allow you to participate in the case, and may well consider and grant your spouse's requests for relief, even if that relief is not fair to you. It would be far wiser for you to participate in the divorce, to have the ability to make requests and influence the Judge's decisions.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
HOW CAN I GET CHILD SUPPORT ADJUSTED IF MY INCOME CAN’T AFFORD IT?
QUESTION: If I pay child support and the amount that I pay on three children is so high that my total monthly income couldn't allow me to pay rent or any other bills, how would I go about getting that adjusted?
MY RESPONSE: That depends upon whether or not you are paying "guideline" child support, based on your income, the mother's income, and your percentage of custodial timeshare. If the amount of child support that you are paying is the "guideline" figure, you may need to adjust your lifestyle downwards, because it is unlikely that you would be able to convince the court to reduce child support below the "guideline" figure. If you are paying more than the "guideline" figure due to reduction of your income or increase of your custodial timeshare, you can file an Order to Show Cause to modify child support to "guideline". If you stipulated to pay an amount of child support in excess of the "guideline" figure at the time of your stipulation, you may not be able to get that figure modified, absent a material change of circumstances.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: That depends upon whether or not you are paying "guideline" child support, based on your income, the mother's income, and your percentage of custodial timeshare. If the amount of child support that you are paying is the "guideline" figure, you may need to adjust your lifestyle downwards, because it is unlikely that you would be able to convince the court to reduce child support below the "guideline" figure. If you are paying more than the "guideline" figure due to reduction of your income or increase of your custodial timeshare, you can file an Order to Show Cause to modify child support to "guideline". If you stipulated to pay an amount of child support in excess of the "guideline" figure at the time of your stipulation, you may not be able to get that figure modified, absent a material change of circumstances.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Tuesday, January 10, 2012
HOW CAN A BIOLOGICAL FATHER WHO IS NOT ON THE BIRTH CERTIFICATE SEEK CUSTODY RIGHTS?
QUESTION: My 7 year old daughter is currently living with me and my fiance while her mother is in jail. I am the biological father. We were never married and when my daughter was born her mother listed the new boyfriend as the father on the birth certificate. I went to file at the court for guardianship, and they told me since I'm the father I can't file for guardianship. But if I'm not on the birth certificate what do I do to have legal right for custody of my daughter at least share 50/50 with her mother?
MY RESPONSE: Whether or not you are listed on your daughter's birth certificate, if you are her father, you should seek your custodial rights in a Paternity case, and if needed, you can submit to a DNA test to prove that you are your daughter's biological father. You would best retain an experienced Family Law Attorney to represent you in your Paternity case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: Whether or not you are listed on your daughter's birth certificate, if you are her father, you should seek your custodial rights in a Paternity case, and if needed, you can submit to a DNA test to prove that you are your daughter's biological father. You would best retain an experienced Family Law Attorney to represent you in your Paternity case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHAT CHILD CUSTODY RIGHTS AND SUPPORT OBLIGATIONS DOES A PRISONER HAVE?
QUESTION: If a husband is convicted by a jury in a federal trial (obstructing justice and making false statements to the FBI), does he have any child custody rights and would he still owe child support and alimony even if he's in prison for up to 20 years and he abandoned his family 4 months before his trial and has not contributed one penny to the kids and his wife since then?
MY RESPONSE: Your husband would have whatever child custody or visitation rights that the Court grants him. However, I can't imagine any Family Law judicial officer awarding child custody to a man who is imprisoned for 20 years on a Felony conviction. If your husband seeks visitation with the children during the period of his incarceration, at trial or by way of an Order to Show Cause, it would be up to the particular judicial officer hearing your case as to whether or not your husband would be granted any visitation, and if so, how often and for how long. Child Support is based on your income, your husband’s income, and the custodial timeshare. Spousal Support is based primarily on your income,your husband’s income, and the marital lifestyle. Pursuant to recent legislation first effective in 2011, if your husband is imprisoned for over 90 consecutive days, his Child Support obligation is suspended during his period of incarceration. You would best retain an experienced Family Lawyer to represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: Your husband would have whatever child custody or visitation rights that the Court grants him. However, I can't imagine any Family Law judicial officer awarding child custody to a man who is imprisoned for 20 years on a Felony conviction. If your husband seeks visitation with the children during the period of his incarceration, at trial or by way of an Order to Show Cause, it would be up to the particular judicial officer hearing your case as to whether or not your husband would be granted any visitation, and if so, how often and for how long. Child Support is based on your income, your husband’s income, and the custodial timeshare. Spousal Support is based primarily on your income,your husband’s income, and the marital lifestyle. Pursuant to recent legislation first effective in 2011, if your husband is imprisoned for over 90 consecutive days, his Child Support obligation is suspended during his period of incarceration. You would best retain an experienced Family Lawyer to represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN MY WIFE MOVE MY KIDS TO ANOTHER STATE?
QUESTION: My kids are 10 and 8. They were born in California. We moved to Mississippi about 8 years ago. We lived there for 4 years then moved to Texas. I finally got my wife to move back to California. My wife keeps threatening to move the kids back to Texas. Can she legally do that?
MY RESPONSE: She can, unless she is served with a divorce or legal separation case filed in California. Once served, there are automatic temporary restraining orders on the reverse side of the Summons which restrain her from removing the children from the state of California during the divorce or legal separation proceedings.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: She can, unless she is served with a divorce or legal separation case filed in California. Once served, there are automatic temporary restraining orders on the reverse side of the Summons which restrain her from removing the children from the state of California during the divorce or legal separation proceedings.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN I GET ALIMONY FOR A MARRIAGE UNDER A YEAR?
QUESTION: My husband and I have only been married 9 months. Will I be entitled to alimony, and if so, for how long? We were married in WA but now live in CA.
MY RESPONSE:
In California, you would likely be entitled to Spousal Support for 1/2 the duration of your short-term marriage, i.e, for 4-1/2 months.
The amount of Temporary Spousal Support is based on your husband’s income and your income, and is usually ordered in accordance with the Spousal Support Guidelines set (or adopted) by your county.
The amount of Permanent Spousal Support (i.e., Spousal Support after Judgment) is based on the considerations set forth in Family Code Section 4320, and is not calculable based on any formula, but its monthly amount is generally less than the monthly amount of Temporary Spousal Support.
Judgment of Dissolution of Marriage cannot be granted until at least six (6) months after service of process upon the Respondent.
Under the circumstances of your short 9-month marriage, when you file (or respond to) the divorce, you should file an Order to Show Cause requesting temporary Spousal Support, unless your husband stipulates to an Order requiring him to pay you Guideline Temporary Spousal Support, and such a Stipulated Order is filed in the case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
In California, you would likely be entitled to Spousal Support for 1/2 the duration of your short-term marriage, i.e, for 4-1/2 months.
The amount of Temporary Spousal Support is based on your husband’s income and your income, and is usually ordered in accordance with the Spousal Support Guidelines set (or adopted) by your county.
The amount of Permanent Spousal Support (i.e., Spousal Support after Judgment) is based on the considerations set forth in Family Code Section 4320, and is not calculable based on any formula, but its monthly amount is generally less than the monthly amount of Temporary Spousal Support.
Judgment of Dissolution of Marriage cannot be granted until at least six (6) months after service of process upon the Respondent.
Under the circumstances of your short 9-month marriage, when you file (or respond to) the divorce, you should file an Order to Show Cause requesting temporary Spousal Support, unless your husband stipulates to an Order requiring him to pay you Guideline Temporary Spousal Support, and such a Stipulated Order is filed in the case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHAT ARE THE NEXT STEPS AFTER MY EX IS SERVED WITH DIVORCE PAPERS?
QUESTION: After my ex is served with divorce papers (including receipt to be returned to me), what is the next step in the process?
MY RESPONSE:
If your husband returned to you his signed Notice and Acknowledgment of Receipt, your next step would be to file that document, attached to the original Proof of Servce by Mail, at the Superior Court Clerk's office.
However, if you were the person who mailed the Notice and Acknowledgment of Receipt to your husband, your service by mail was not proper service, inasmuch as a party is not allowed to serve documents in his/her own case, and the clerk may reject the signed Notice and Acknowledgment of Receipt with the attached improper Proof of Service by Mail.
If service on your husband of the documents by mail with the Notice and Acknowledgment of Receipt was properly done, the next step depends upon whether or not your husband dated, signed, and returned the Notice and Acknowledgment to you.
If your husband returned the dated and signed Notice and Acknowledgment of Receipt to you, his next step would be to file and serve his Response (Family Law) within 30 days of the date he signed the Notice and Acknowledgment; if he instead fails to file and serve his Response, your next step would be to seek for the Court to enter his default.
On the other hand, if your husband does not return a dated and signed Notice and Acknowledgment of Receipt to you, the service was incomplete, and you would need to have him served via personal service.
You would best retain an experienced Family Law Attorney to advise and represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
If your husband returned to you his signed Notice and Acknowledgment of Receipt, your next step would be to file that document, attached to the original Proof of Servce by Mail, at the Superior Court Clerk's office.
However, if you were the person who mailed the Notice and Acknowledgment of Receipt to your husband, your service by mail was not proper service, inasmuch as a party is not allowed to serve documents in his/her own case, and the clerk may reject the signed Notice and Acknowledgment of Receipt with the attached improper Proof of Service by Mail.
If service on your husband of the documents by mail with the Notice and Acknowledgment of Receipt was properly done, the next step depends upon whether or not your husband dated, signed, and returned the Notice and Acknowledgment to you.
If your husband returned the dated and signed Notice and Acknowledgment of Receipt to you, his next step would be to file and serve his Response (Family Law) within 30 days of the date he signed the Notice and Acknowledgment; if he instead fails to file and serve his Response, your next step would be to seek for the Court to enter his default.
On the other hand, if your husband does not return a dated and signed Notice and Acknowledgment of Receipt to you, the service was incomplete, and you would need to have him served via personal service.
You would best retain an experienced Family Law Attorney to advise and represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN MY HUSBAND KEEP ME ON HIS HEALTH INSURANCE POLICY AFTER OUR DIVORCE?
QUESTION: I'm getting a divorce after being married for 29 years. My husband works for the City of San Diego and pays for me to be covered under his medical insurance. He is willing to keep me on his policy. He thinks he can, because he pays for me to be on it, but I am not so sure. Can he keep me on his policy after our divorce?
MY RESPONSE: Your concern is appropriate. Once divorced, you will no longer be a “family member” of your husband’s family; your husband cannot include you on his group medical insurance after the divorce, since only family members can be covered, so you would need to seek Cobra health insurance coverage, which is fairly expensive and limited in duration.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: Your concern is appropriate. Once divorced, you will no longer be a “family member” of your husband’s family; your husband cannot include you on his group medical insurance after the divorce, since only family members can be covered, so you would need to seek Cobra health insurance coverage, which is fairly expensive and limited in duration.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WILL MY MEDICAL MARIJUANA CARD AFFECT CUSTODY OF MY CHILDREN?
QUESTION: I got a medical marijuana card last year and have been smoking much more recently for my headaches and back-pain which is one of the reasons my wife and I finally separated. Since I am doing it legally, can this affect custody of my children?
MY RESPONSE: It could possibly affect custody of your children. Many people get medical marijuana cards for recreational use of marijuana, and there are other, more traditional medications, either over-the-counter or prescribed, that can treat or reduce symptoms such as yours. Inasmuch as marijuana is an intoxicant, it isn’t a good idea to expose minor children to the use of marijuana, whether recreational or “medicinal”. Whether your use of marijuana would affect custody in your case would depend on the evidence in your case and your particular judicial officer's views of the matters addressed above.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: It could possibly affect custody of your children. Many people get medical marijuana cards for recreational use of marijuana, and there are other, more traditional medications, either over-the-counter or prescribed, that can treat or reduce symptoms such as yours. Inasmuch as marijuana is an intoxicant, it isn’t a good idea to expose minor children to the use of marijuana, whether recreational or “medicinal”. Whether your use of marijuana would affect custody in your case would depend on the evidence in your case and your particular judicial officer's views of the matters addressed above.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Wednesday, January 4, 2012
HOW CAN I GET A DIVORCE WITHOUT MY SPOUSE SIGNING THE LEGAL PAPERS?
QUESTION: I don't have a lawyer yet, but I know my husband won't sign the divorce papers and doesn't want to get a divorce. What can I do?
MY RESPONSE: If you hire an experienced divorce lawyer, your lawyer will know what to do to get you a divorce if your husband doesn't sign divorce papers. Your husband doesn't need to sign anything to be served; all that needs to be done is personal service of the Summons and Petition on your husband by a process server. Divorce is granted in California where irreconcilable differences have arisen between the parties, leading to an irremediable breakdown of the marriage. You and your husband have irreconcilable differences: you want a divorce and he doesn't. If your husband does not file (or timely file) a Response to the Petition, your family law attorney can file a request to enter your husband's default, and once his default is entered, your lawyer can proceed to get you a divorce without your husband's participation in the divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: If you hire an experienced divorce lawyer, your lawyer will know what to do to get you a divorce if your husband doesn't sign divorce papers. Your husband doesn't need to sign anything to be served; all that needs to be done is personal service of the Summons and Petition on your husband by a process server. Divorce is granted in California where irreconcilable differences have arisen between the parties, leading to an irremediable breakdown of the marriage. You and your husband have irreconcilable differences: you want a divorce and he doesn't. If your husband does not file (or timely file) a Response to the Petition, your family law attorney can file a request to enter your husband's default, and once his default is entered, your lawyer can proceed to get you a divorce without your husband's participation in the divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
HOW WILL MY HUSBAND’S CHEATING ON ME AFFECT OUR DIVORCE?
QUESTION: After telling my husband that I want a divorce, he told me he has been cheating on me all along. Is it to my advantage to file a divorce petition using grounds of adultery?
MY RESPONSE:
Your husband's cheating on you during the marriage will not affect your divorce in California. California has no-fault divorce. The appropriate ground for you to use to seek dissolution of your marriage is "irreconcilable differences". The Petition for Dissolution of Marriage has no checkbox for Adultery, which hasn't been a ground for divorce in California for decades.
If your husband has been using community funds to support his relationship with his girl friend, you may be able to recover your 50% community share of the funds that you are able to prove that he expended on that relationship.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
Your husband's cheating on you during the marriage will not affect your divorce in California. California has no-fault divorce. The appropriate ground for you to use to seek dissolution of your marriage is "irreconcilable differences". The Petition for Dissolution of Marriage has no checkbox for Adultery, which hasn't been a ground for divorce in California for decades.
If your husband has been using community funds to support his relationship with his girl friend, you may be able to recover your 50% community share of the funds that you are able to prove that he expended on that relationship.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
CAN MY 10-YEAR OLD CRIMINAL RECORD BE USED AGAINST ME AT MY CHILD CUSTODY HEARING?
Question Detail: My criminal record has been erased because it was so long ago. If asked about my record under oath during the divorce trial, can I say I have never been arrested? If I do say that I have a criminal record, will it affect my chances to get child custody?
MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce.
An experienced Family Law Attorney would know the proper evidentiary objections to make to questions posed to you at trial or hearing on Order to Show Cause.
Whereas you should not lie in your testimony, arrests are irrelevant - they don't prove that you committed a crime. An experienced Family Law Attorney should be able to persuade the Court to sustain an objection to a question asking whether you have ever been arrested, or asking whether you have ever been convicted of a crime or have a criminal record.
Evidence of a felony conviction is admissible for the purpose of attacking the credibility of a witness, but if the accusatory pleading against you has been dismissed under the provisions of Penal Code Section 1203.4, any plea of guilty or conviction under that accusatory pleading would have been set aside.
If you were convicted of a felony, you should speak to your Family Law Attorney and/or an experienced Criminal Law Attorney to determine whether or not you could be required to answer any questions regarding that felony conviction - especially since you say that your record was erased merely due to its age.
If your conviction was for a misdemeanor, your Family Law Attorney's evidentiary objection to a question asking whether you have been arrested or convicted of a misdemeanor should be sustained.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce.
An experienced Family Law Attorney would know the proper evidentiary objections to make to questions posed to you at trial or hearing on Order to Show Cause.
Whereas you should not lie in your testimony, arrests are irrelevant - they don't prove that you committed a crime. An experienced Family Law Attorney should be able to persuade the Court to sustain an objection to a question asking whether you have ever been arrested, or asking whether you have ever been convicted of a crime or have a criminal record.
Evidence of a felony conviction is admissible for the purpose of attacking the credibility of a witness, but if the accusatory pleading against you has been dismissed under the provisions of Penal Code Section 1203.4, any plea of guilty or conviction under that accusatory pleading would have been set aside.
If you were convicted of a felony, you should speak to your Family Law Attorney and/or an experienced Criminal Law Attorney to determine whether or not you could be required to answer any questions regarding that felony conviction - especially since you say that your record was erased merely due to its age.
If your conviction was for a misdemeanor, your Family Law Attorney's evidentiary objection to a question asking whether you have been arrested or convicted of a misdemeanor should be sustained.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
WHAT SHOULD I DO IF I WANT TO DIVORCE AND OUR HOUSE IS ABOUT TO GO INTO FORECLOSURE?
QUESTION: I was married to my husband for 11 years. After he went to prison, I decided it's no longer the life I wanted. I thought we could sell our home and leave on somewhat good terms. However, this has not happened. After he got out of prison, he moved back to the house and I moved out. He is unable to pay the mortgage because he has no job. I've had my job for the past 3 years and was paying all the bills, however with me gone, he is living in our home with no lights, gas and letting the mortgage bills pile up. I've asked if I could take over our home to catch up, but his answer is no! He would rather it go into foreclosure. I do not want to live there. I would just like to divorce, sell our home, and go our own ways. Please, can you direct me to the right thing to do.
MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce. If your house has equity in it, that equity should be preserved for the marital community. If your husband is living in the house and not paying its mortgage, your lawyer can file an Order to Show Cause (perhaps on an Order Shortening Time, due to need for speed because of the impending risk of foreclosure) for orders requiring that the house be listed and sold, and (possibly) for you to get possession and use of the house pending its sale, to ensure the house's being put into the best possible condition for sale and to facilitate its showing to prospective purchasers.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: You should retain an experienced Family Law Attorney to represent you in your divorce. If your house has equity in it, that equity should be preserved for the marital community. If your husband is living in the house and not paying its mortgage, your lawyer can file an Order to Show Cause (perhaps on an Order Shortening Time, due to need for speed because of the impending risk of foreclosure) for orders requiring that the house be listed and sold, and (possibly) for you to get possession and use of the house pending its sale, to ensure the house's being put into the best possible condition for sale and to facilitate its showing to prospective purchasers.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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