My last Blog addressed how I deal with Family Law and Divorce clients generally, but I noted therein that I would address how I deal with Premarital Agreement (Prenuptial Agreement) clients in a separate blog. This is it.
Premarital Agreements and Prenuptial Agreements are one and the same - both terms are equally applicable.
FOR CLIENTS WHO SEEK MY SERVICES TO PREPARE PREMARITAL AGREEMENTS:
I first advise clients seeking my services to prepare a premarital agreement regarding the requirements, steps and timing to enable the prenuptial agreement to be timely signed, acknowledged (before a Notary Public), and certified by attorneys for each party, and the consequences of failure to comply, or timely comply, with those requirements.
I then advise those clients regarding the laws (statutory and case law), rights, and obligations that apply to premarital agreements.
I next advise those clients regarding the laws, rights and obligations that apply in the absence of a prenuptial agreement, and I suggest and we discuss a host of proposed provisions to change those rights and obligations as well as the effects of each of those provisions on the rights and obligations of the respective parties.
We evaluate the client's initial objectives, and determine whether those objectives need to be re-evaluated in view of the laws, rights and obligations about which I advised them.
We create a plan for the Prenuptial Agreement, and I prepare an Agreement pursuant to that plan.
We next meet and review the prenuptial agreement, discuss its specific provisions, I ensure that my client understands the provisions, why they are there, and the effects of those provisions. We determine what revisions, if any, to make the the premarital agreement.
I then finalize the premarital agreement, reminding my client of the requirements, steps and timing to enable it to be timely signed, acknowledged, and certified by attorneys by each party.
FOR CLIENTS SEEKING MY SERVICES TO REVIEW A PREMARITAL AGREEMENT PREPARED BY HIS/HER FIANCE'S ATTORNEY:
Where I am retained to REVIEW a premarital agreement drafted by the attorney of my client's fiance', my job is significantly different.
I first determine what my client believes that the parties have agreed to, and what my client believes that the premarital agreement provides. Sometimes, clients come in significantly misinformed regarding the provisions of prenuptial agreements drafted by the fiance's attorney.
I next determine what my client's goals are.
I next review the prenuptial agreement with my client, word-by-word, and advise my client regarding [and where appropriate, provide my client copies of] the statutory and case law relating to the rights and obligations of the parties that would apply in the absence of the premarital agreement, as well as how the premarital agreement changes the rights and obligations of the respective parties.
I provide information to enable my client to understand the language, import and consequences of the terms set forth in the premarital agreement, and my client advises me whether or not he/she fully understands those things - and if not, we discuss those areas sufficiently to ensure that my client fully understands the agreement.
My client and I then discuss whether it may be appropriate to negotiate changes in the prenuptial agreement, and if so, we discuss the process, address specific changes, and I deal with the fiance's attorney.
If my client declines to have changes negotiated in the premarital agreement, I ensure that I have performed the services noted in its certificate for my signature, and that my client acknowledges that I have done so, before I sign the certificate.
I have practiced Family Law in Los Angeles and Ventura County since 1972. I became a Certified Family Law Specialist in 1980, when the State Bar of California first created the Family Law specialty. I restrict my practice to Family Law and Divorce Law.
Posted by Donald F. Conviser, of Warner Center Law Offices in Woodland Hills, California, serving clients in all aspects of family law, including Prenuptial Agreements and Premarital Agreements.
Tuesday, April 21, 2009
WHAT IS IT LIKE TO BE A DIVORCE LAWYER?
People ask me: What is it like to be a divorce lawyer? Isn't it stressful? Isn't it depressing? Don't you internalize your clients' problems?
I am a Certified Family Law Specialist. I practice family law in Los Angeles and Ventura Counties. My solely-owned divorce and family law firm is Warner Center Law Offices, in Woodland Hills, California. I offer prospective clients a free confidential consultation to discuss their options. Call (818) 880-8990 for a free confidential consultation.
My practice includes preparation and review of Premarital Agreements (Prenuptial Agreements), Divorce (Dissolution of Marriage), and representation of either party in matters involving Paternity (cases under the Uniform Parentage Act), Child Custody, custody modification, Child Visitation, visitation modification, Child Support, Spousal Support, support modification, property division (including QDROs), allocation of obligations, stepparent adoption, and handling mattters for unmarried people who co-own property or have children together, among other areas of family law practice.
Does that sound tough? It doesn't feel tough to me.
Sometimes a contentious adverse attorney or party, the facts of a case, or the quality or source of available evidence may present challenges, but I'm always ready to meet and overcome any challenge, whether by vaulting over the hurdle or finding another path to the objective. I'm a "fireman," and I put out fires whenever they occur.
Stress is an occupational hazard of any family law attorney. Things generally move in family cases only if pressure is brought to bear by one side on the other. If I'm not creating stress, I'm fielding stress. I'm fortunate enough to have learned, years ago, how to transform stress into opportunity. If something needs to be done in a case, I don't "have to do" it - I "get to do" it. Instead of being burdened by what others may consider stress, I get to figure out and prioritize the ways to overcome the challenge and implement the best or most expedient solution, planning fallbacks in the event that obstacles are encountered. It is all in the attitude.
I view the practice of family law as my life, not my work. It doesn't start at 9 a.m. on Monday or end at 5 p.m. on Friday. My brain doesn't "start up" or "shut down" with the beginning or end of a business day or business week. That is not a problem for me, and fortunately, it's not a problem for my wife, either. She loves my loyalty to my clients and the ethical manner in which I practice law. She doesn't resent my diversion of time from family to the needs of my clients.
Practicing family law affords me an opportunity to use my expertise - my education, training and experience - to help people. Their problems don't become my problems. Their problems become my challenges to surmount, which I do with zeal.
My rewards are far more than economic: they include the satisfying process of conceptualizing and implementing creative solutions to my clients' problems, resulting in the improvement of my clients' life-situations, as well as their increased appreciation, loyalty, and referrals of new clients to me.
I connect with each client on a one-on-one basis. We work together to create a set of realistic goals, strategies, priorities, and backup plans, to accomplish those goals, being vigilant at all times to enable us to accommodate and adjust to changes and surprises as they may occur.
I will address how I deal with Premarital Agreement (Prenuptial Agreement) clients in a separate Blog; that subject has its own specialized requirements, and I apply experience gained in over 35 years of representation of Prenuptial Agreement clients in dealing with those clients.
I teach my clients the "rules of the game," i.e., the statutory and case laws that apply to their situations, I provide them information about the judicial officers hearing their cases (sometimes I suggest that they attend hearings in other cases before the judicial officers assigned to their cases to get a sense about what works and what doesn't work before a particular judicial officer), and I assist them in accepting and dealing with the reality of their particular situations (addressed in my website as "Mastering Divorce").
I teach my clients communication techniques, including how to hear, register, process and answer questions responsively. I teach my clients the concept of "foundation" so that they can obtain and provide me foundational facts for any information that they convey to me. Just as a movie script contains the setting, so must any evidence provided to the Court. It can't just float in. I employ a metaphor with my clients: I'm the producer and director of the show; my client is the actor. Together, we form a partnership that works.
I teach my clients divorce-mastering techniques to enable them to center themselves in reality so that they can move forward in a new direction instead of being mired in the upset and distraction of frustrated expectations.
I became a Certified Family Law Specialist in 1980, when the California State Bar first created the Family Law specialty. I enjoy the practice of family law and divorce law, and I restrict my practice to those fields. I represent clients throughout the counties of Los Angeles and Ventura.
Posted by Donald F. Conviser, of Warner Center Law Offices in Woodland Hills, California, a Certified Family Law Specialist with over 35 years of family law experience, serving divorce and family law clients throughout Los Angeles County and Ventura County in all aspects of family law. Call 818-880-8990 for a free confidential consultation.
I am a Certified Family Law Specialist. I practice family law in Los Angeles and Ventura Counties. My solely-owned divorce and family law firm is Warner Center Law Offices, in Woodland Hills, California. I offer prospective clients a free confidential consultation to discuss their options. Call (818) 880-8990 for a free confidential consultation.
My practice includes preparation and review of Premarital Agreements (Prenuptial Agreements), Divorce (Dissolution of Marriage), and representation of either party in matters involving Paternity (cases under the Uniform Parentage Act), Child Custody, custody modification, Child Visitation, visitation modification, Child Support, Spousal Support, support modification, property division (including QDROs), allocation of obligations, stepparent adoption, and handling mattters for unmarried people who co-own property or have children together, among other areas of family law practice.
Does that sound tough? It doesn't feel tough to me.
Sometimes a contentious adverse attorney or party, the facts of a case, or the quality or source of available evidence may present challenges, but I'm always ready to meet and overcome any challenge, whether by vaulting over the hurdle or finding another path to the objective. I'm a "fireman," and I put out fires whenever they occur.
Stress is an occupational hazard of any family law attorney. Things generally move in family cases only if pressure is brought to bear by one side on the other. If I'm not creating stress, I'm fielding stress. I'm fortunate enough to have learned, years ago, how to transform stress into opportunity. If something needs to be done in a case, I don't "have to do" it - I "get to do" it. Instead of being burdened by what others may consider stress, I get to figure out and prioritize the ways to overcome the challenge and implement the best or most expedient solution, planning fallbacks in the event that obstacles are encountered. It is all in the attitude.
I view the practice of family law as my life, not my work. It doesn't start at 9 a.m. on Monday or end at 5 p.m. on Friday. My brain doesn't "start up" or "shut down" with the beginning or end of a business day or business week. That is not a problem for me, and fortunately, it's not a problem for my wife, either. She loves my loyalty to my clients and the ethical manner in which I practice law. She doesn't resent my diversion of time from family to the needs of my clients.
Practicing family law affords me an opportunity to use my expertise - my education, training and experience - to help people. Their problems don't become my problems. Their problems become my challenges to surmount, which I do with zeal.
My rewards are far more than economic: they include the satisfying process of conceptualizing and implementing creative solutions to my clients' problems, resulting in the improvement of my clients' life-situations, as well as their increased appreciation, loyalty, and referrals of new clients to me.
I connect with each client on a one-on-one basis. We work together to create a set of realistic goals, strategies, priorities, and backup plans, to accomplish those goals, being vigilant at all times to enable us to accommodate and adjust to changes and surprises as they may occur.
I will address how I deal with Premarital Agreement (Prenuptial Agreement) clients in a separate Blog; that subject has its own specialized requirements, and I apply experience gained in over 35 years of representation of Prenuptial Agreement clients in dealing with those clients.
I teach my clients the "rules of the game," i.e., the statutory and case laws that apply to their situations, I provide them information about the judicial officers hearing their cases (sometimes I suggest that they attend hearings in other cases before the judicial officers assigned to their cases to get a sense about what works and what doesn't work before a particular judicial officer), and I assist them in accepting and dealing with the reality of their particular situations (addressed in my website as "Mastering Divorce").
I teach my clients communication techniques, including how to hear, register, process and answer questions responsively. I teach my clients the concept of "foundation" so that they can obtain and provide me foundational facts for any information that they convey to me. Just as a movie script contains the setting, so must any evidence provided to the Court. It can't just float in. I employ a metaphor with my clients: I'm the producer and director of the show; my client is the actor. Together, we form a partnership that works.
I teach my clients divorce-mastering techniques to enable them to center themselves in reality so that they can move forward in a new direction instead of being mired in the upset and distraction of frustrated expectations.
I became a Certified Family Law Specialist in 1980, when the California State Bar first created the Family Law specialty. I enjoy the practice of family law and divorce law, and I restrict my practice to those fields. I represent clients throughout the counties of Los Angeles and Ventura.
Posted by Donald F. Conviser, of Warner Center Law Offices in Woodland Hills, California, a Certified Family Law Specialist with over 35 years of family law experience, serving divorce and family law clients throughout Los Angeles County and Ventura County in all aspects of family law. Call 818-880-8990 for a free confidential consultation.
Monday, April 20, 2009
What is a QDRO?
Donald F. Conviser, a Certified Family Law Specialist, 818/880-8990, owner of Warner Center Law Offices in Woodland Hills, California, serving Family Law and Divorce clients in Los Angeles and Ventura counties for over 35 years, offering a free confidential consultation regarding your divorce or family law problem or concern, writes in his Family Law blog:
Today, a divorce client asked me a pertinent question: What is a QDRO? I'll share my answer with my readers. A QDRO (Qualified Domestic Relations Order) is an order in a divorce case that deals with pension, retirement, 401K or similar deferred income plans covered by ERISA, the Employee Retirement Income Security Act of 1974, federal legislation which was enacted to ensure uniformity in orders transferring interests in or funds from such plans.
A QDRO must follow the requirements of ERISA and Internal Revenue Code Section 414(p), as well as the guidelines set up in advance by the plan administrator.
The person whose interest (or a portion thereof) is being transferred is the "Participant", and the person to whom the interest is being transferred is the "Alternate Payee."
QDROs can be used for dividing pension and other deferred income plans, as well as for distribution of child support and alimony to a spouse, former spouse, child, or other dependent of a plan Participant.
Significant adverse income tax consequences can occur if plan benefits are transferred or distributed without a properly drafted QDRO (signed into an Order by the divorce Judge) where ERISA requires a QDRO.
Most pension plans covered by ERISA will not permit transfers or distributions to an Alternate Payee without a QDRO that has been pre-approved by the plan administrator.
Written by Los Angeles divorce lawyer Donald F. Conviser, of Warner Center Law Offices, a Certified Family Law Specialist with over 35 years of Family Law Experience. For a free confidential consultation, call 818/880-8990.
Today, a divorce client asked me a pertinent question: What is a QDRO? I'll share my answer with my readers. A QDRO (Qualified Domestic Relations Order) is an order in a divorce case that deals with pension, retirement, 401K or similar deferred income plans covered by ERISA, the Employee Retirement Income Security Act of 1974, federal legislation which was enacted to ensure uniformity in orders transferring interests in or funds from such plans.
A QDRO must follow the requirements of ERISA and Internal Revenue Code Section 414(p), as well as the guidelines set up in advance by the plan administrator.
The person whose interest (or a portion thereof) is being transferred is the "Participant", and the person to whom the interest is being transferred is the "Alternate Payee."
QDROs can be used for dividing pension and other deferred income plans, as well as for distribution of child support and alimony to a spouse, former spouse, child, or other dependent of a plan Participant.
Significant adverse income tax consequences can occur if plan benefits are transferred or distributed without a properly drafted QDRO (signed into an Order by the divorce Judge) where ERISA requires a QDRO.
Most pension plans covered by ERISA will not permit transfers or distributions to an Alternate Payee without a QDRO that has been pre-approved by the plan administrator.
Written by Los Angeles divorce lawyer Donald F. Conviser, of Warner Center Law Offices, a Certified Family Law Specialist with over 35 years of Family Law Experience. For a free confidential consultation, call 818/880-8990.
Sunday, April 19, 2009
Mel Gibson Divorce - are we going to see a "date of separation" battle?
I heard a rumor that there may be a "date of separation" battle coming in the Mel Gibson divorce. If so, Mel would contend that the date of separation was a date earlier than the date of actual physical separation of the parties and his wife would contend that the date of separation was later - either the date of physical separation, or even a later date.
Post-separation earnings of a party comprise separate property of that party, whereas pre-separation earnings are community property. Acquisitions during marriage are presumed to be community property, but acquisitions traceable to separate property are separate property of the "separatizer".
The leading cases in California regarding separation and date of separation are Marriage of BARAGRY (1977) 73 Cal.App.3d 944, Marriage of Von Der NEULL (1994) 23 Cal.App.4th 730, Marriage of HARDIN (1995) 37 Cal.App.4th 448, and Marriage of MANFER (2006) 114 Cal.App.4th 925. The critical inquiry is whether or not the parties' conduct (or the conduct of one party) evidences a complete and final break in the marital relationship.
It could be an issue of significant economic consequence.
Posted by Donald F. Conviser, of Warner Center Law offices in Woodland Hills, California, a Certified Family Law Specialist with over 35 years of family law experience. 818/880-8990; www.conviser.net
Post-separation earnings of a party comprise separate property of that party, whereas pre-separation earnings are community property. Acquisitions during marriage are presumed to be community property, but acquisitions traceable to separate property are separate property of the "separatizer".
The leading cases in California regarding separation and date of separation are Marriage of BARAGRY (1977) 73 Cal.App.3d 944, Marriage of Von Der NEULL (1994) 23 Cal.App.4th 730, Marriage of HARDIN (1995) 37 Cal.App.4th 448, and Marriage of MANFER (2006) 114 Cal.App.4th 925. The critical inquiry is whether or not the parties' conduct (or the conduct of one party) evidences a complete and final break in the marital relationship.
It could be an issue of significant economic consequence.
Posted by Donald F. Conviser, of Warner Center Law offices in Woodland Hills, California, a Certified Family Law Specialist with over 35 years of family law experience. 818/880-8990; www.conviser.net
Saturday, April 18, 2009
Further follow-up to my last Blogs
On the life insurance matter that I addressed over the past few days, I downloaded a Change of Beneficiary form from the life insurance company's website and FAXed it to the wife's attorney, suggesting that she forward the Change of Beneficiary Form to her client to sign and return to me. Whether the attorney does that remains to be seen.
I reminded the wife's attorney that I had initially sought to handle the matter via prompt cooperation rather than by CONTEMPT for violation of the ATROS, i.e, via conduct consistent with the cooperation addressed in Family Code Section 271 (which is authority for sanctions against a party for failure to reasonably cooperate). I asked that she act diligently in getting my client reinstated as the primary beneficiary of the wife's life insurance policy. I indicated that if the wife's attorney wishes to further continue the trial (she has requested that every time a hearing approaches), reinstating my client as primary beneficary of the life insurance policy is a prerequisite.
I will see what she does, but if the beneficiary designation documents are produced before the wife's attorney cooperates with my requests, I will again take the reins and steer the matter. not expecting cooperation from the wife's attorney.
I'm sure that more is to follow.
DONALD F. CONVISER, Certified Family Law Specialist, 818/880-8990 , http://www.conviser.net/
I reminded the wife's attorney that I had initially sought to handle the matter via prompt cooperation rather than by CONTEMPT for violation of the ATROS, i.e, via conduct consistent with the cooperation addressed in Family Code Section 271 (which is authority for sanctions against a party for failure to reasonably cooperate). I asked that she act diligently in getting my client reinstated as the primary beneficiary of the wife's life insurance policy. I indicated that if the wife's attorney wishes to further continue the trial (she has requested that every time a hearing approaches), reinstating my client as primary beneficary of the life insurance policy is a prerequisite.
I will see what she does, but if the beneficiary designation documents are produced before the wife's attorney cooperates with my requests, I will again take the reins and steer the matter. not expecting cooperation from the wife's attorney.
I'm sure that more is to follow.
DONALD F. CONVISER, Certified Family Law Specialist, 818/880-8990 , http://www.conviser.net/
Thursday, April 16, 2009
Yesterday's challenge, today's accomplishment
This is a follow-up to yesterday's Blog.
Among the things that I did yesterday, in my efforts to get records from the life insurance company reflecting whether or not the estranged wife had changed her life insurance beneficiary in violation of the ATROs (I didn't include ALL of my efforts in yesterday's blog) was - I went into the life insurance company's website and clicked into its "Contact Us" button and sent an e-mail advising that I'm a Los Angeles Family Law Attorney handling a divorce case, and I requested contact information to enable me to serve and speak to the Custodian of Records of the company. I realized that the "contact us" button was put there for customers, applicants, beneficiaries, and perhaps potential agents, so I didn't put all my stock into receiving a response.
Today, much to my surprise and pleasure, I received an e-mail from the Custodian of Records of the life insurance company, identifying herself, providing her telephone number, FAX number, address, etc., inviting me to FAX the Subpoena to her. I tried to reach her on the telephone to propose that I e-mail the Subpoena as an attachment, but she was un-reachable, so I merely e-mailed the Subpoena to her, and I subsequently received an e-mail from her advising me that she accepted the e-mailed Subpoena, that she was sending me the signed Notice and Acknowledgment of Receipt of service, and that she would be producing the records, shortly.
What appeared would take well over a month to accomplish is falling into my lap because I didn't put all my eggs in one basket. Not only did I mail the Subpoenas to the company and agent yesterday, which would have resulted in a month's delay in my receipt of the records, but I made a longshot request via the company's "Contact Us" button, and I hit paydirt in a day!
Subsequently, I received a call from the California Agent who sold policies for the company to advise me that he had received the Subpoena, but that he wasn't the wife's agent as far as he knew. I related to him the success that I had achieved through my website inquiry, so I wouldn't need to get the records through him, and he then graciously offered to assist me in any way possible through his contacts with the life insurance company.
Tenacity and creativity paid off and I'm far closer to the finish line as a result of not having been discouraged from making parallel efforts, even though the website option seemed to be a longshot. A diligent attorney employs appropriate backup plans to ensure success.
Written by Certified Family Law Specialist DONALD F. CONVISER, of Warner Center Law Offices, a Divorce Attorney with over 35 years of Family Law experience, serving clients throughout Los Angeles County and Ventura County in all aspects of family law.
Among the things that I did yesterday, in my efforts to get records from the life insurance company reflecting whether or not the estranged wife had changed her life insurance beneficiary in violation of the ATROs (I didn't include ALL of my efforts in yesterday's blog) was - I went into the life insurance company's website and clicked into its "Contact Us" button and sent an e-mail advising that I'm a Los Angeles Family Law Attorney handling a divorce case, and I requested contact information to enable me to serve and speak to the Custodian of Records of the company. I realized that the "contact us" button was put there for customers, applicants, beneficiaries, and perhaps potential agents, so I didn't put all my stock into receiving a response.
Today, much to my surprise and pleasure, I received an e-mail from the Custodian of Records of the life insurance company, identifying herself, providing her telephone number, FAX number, address, etc., inviting me to FAX the Subpoena to her. I tried to reach her on the telephone to propose that I e-mail the Subpoena as an attachment, but she was un-reachable, so I merely e-mailed the Subpoena to her, and I subsequently received an e-mail from her advising me that she accepted the e-mailed Subpoena, that she was sending me the signed Notice and Acknowledgment of Receipt of service, and that she would be producing the records, shortly.
What appeared would take well over a month to accomplish is falling into my lap because I didn't put all my eggs in one basket. Not only did I mail the Subpoenas to the company and agent yesterday, which would have resulted in a month's delay in my receipt of the records, but I made a longshot request via the company's "Contact Us" button, and I hit paydirt in a day!
Subsequently, I received a call from the California Agent who sold policies for the company to advise me that he had received the Subpoena, but that he wasn't the wife's agent as far as he knew. I related to him the success that I had achieved through my website inquiry, so I wouldn't need to get the records through him, and he then graciously offered to assist me in any way possible through his contacts with the life insurance company.
Tenacity and creativity paid off and I'm far closer to the finish line as a result of not having been discouraged from making parallel efforts, even though the website option seemed to be a longshot. A diligent attorney employs appropriate backup plans to ensure success.
Written by Certified Family Law Specialist DONALD F. CONVISER, of Warner Center Law Offices, a Divorce Attorney with over 35 years of Family Law experience, serving clients throughout Los Angeles County and Ventura County in all aspects of family law.
Wednesday, April 15, 2009
Today's challenge
Today's Family Law challenge that I am dealing with is a violation of ATROs (Automatic Temporary Restraining Orders in force during a Divorce case) which restrain a party from, among other things, changing life insurance beneficiaries. As a Certified Family Law Specialist, I attack my challenges with zeal.
My Divorce client believes that his estranged wife, who is quickly drinking herself to death, removed him as the beneficiary of her life insurance policy, on which he has been paying the premiums under Court Order. He had called the out-of-state insurance company to check on the status of the policy, and was advised that the policy had "changed", but that they couldn't provide him any other information.
I addressed the matter to the wife's attorney, who paid "lip service" to correcting any violation of the ATROs if that had occurred. I submitted an authorization to the wife's attorney to obtain documents from the insurance company relating to beneficiary status and changes, and the wife's attorney agreed to forward it to the wife for her signature.
My client reported to me yesterday that his estranged wife told him that her attorney directed her not to sign anything. When I addressed that to her attorney, the wife's attorney hid behind the "attorney/client confidential communication" privilege. Clearly, I'm not going to get the cooperation of the wife or her attorney.
So today's tasks included a Secretary of State Business Portal search, calling the out-of-state insurance company and going through their privacy filters in an effort to determine who I can speak to and where I can subpoena records, being advised that they will only provide me an out-of-state Post Office Box for my submission of a Subpoena, then searching for and locating an agent in California who apparently is the wife's agent for the insurance company, preparing Deposition Subpoenas and Notices to Consumer, preparing Notices and Acknowledgment of Receipt of Service in an effort to expedite service, preparing appropriate cover letters to the out-of-state insurance company and agent, and giving notice to the uncooperative wife's uncooperative attorney of the Subpoenas and Notices to Consumer.
The next tasks will be one or both of the following: An Ex Parte Application to the Court (for a hearing on 24-hour notice) seeking orders requiring the estranged wife to immediately reinstate my client as the beneficiary of her life insurance policy and/or for an order that the Court Clerk sign the beneficiary change document on her behalf, along with orders restraining the insurance company from paying out any life insurance benefits pending further order from the Court; and/or Contempt of Court proceedings against the estranged wife for violation of the ATROs. In order to do either, I need the insurance company beneficiary documents whose receipt a cooperative adverse attorney would have facilitated.
What harm would the estranged wife suffer from my discovery of the beneficiary change - given her attorney's prior "lip service" to correction of the ATRO violation? Her attorney's tacit refusal to cooperate may subject the wife to Contempt proceedings, whereas her cooperation would have "fixed" the violation by reinstating my client as beneficiary.
Without the focus and dedication that I applied today, it would have taken days or weeks for other law firms to get done what I got done in a single morning. I await receipt of the subpoenaed documents so that I can use them to take the next steps.
Now, it is time for me to start the work on other matters that I had planned to do today.
Written by Certified Family Law Specialist DONALD F. CONVISER, of Warner Center Law Offices, a Los Angeles Divorce Lawyer with over 35 years of Family Law experience, whose website can be found at www.conviser.net
My Divorce client believes that his estranged wife, who is quickly drinking herself to death, removed him as the beneficiary of her life insurance policy, on which he has been paying the premiums under Court Order. He had called the out-of-state insurance company to check on the status of the policy, and was advised that the policy had "changed", but that they couldn't provide him any other information.
I addressed the matter to the wife's attorney, who paid "lip service" to correcting any violation of the ATROs if that had occurred. I submitted an authorization to the wife's attorney to obtain documents from the insurance company relating to beneficiary status and changes, and the wife's attorney agreed to forward it to the wife for her signature.
My client reported to me yesterday that his estranged wife told him that her attorney directed her not to sign anything. When I addressed that to her attorney, the wife's attorney hid behind the "attorney/client confidential communication" privilege. Clearly, I'm not going to get the cooperation of the wife or her attorney.
So today's tasks included a Secretary of State Business Portal search, calling the out-of-state insurance company and going through their privacy filters in an effort to determine who I can speak to and where I can subpoena records, being advised that they will only provide me an out-of-state Post Office Box for my submission of a Subpoena, then searching for and locating an agent in California who apparently is the wife's agent for the insurance company, preparing Deposition Subpoenas and Notices to Consumer, preparing Notices and Acknowledgment of Receipt of Service in an effort to expedite service, preparing appropriate cover letters to the out-of-state insurance company and agent, and giving notice to the uncooperative wife's uncooperative attorney of the Subpoenas and Notices to Consumer.
The next tasks will be one or both of the following: An Ex Parte Application to the Court (for a hearing on 24-hour notice) seeking orders requiring the estranged wife to immediately reinstate my client as the beneficiary of her life insurance policy and/or for an order that the Court Clerk sign the beneficiary change document on her behalf, along with orders restraining the insurance company from paying out any life insurance benefits pending further order from the Court; and/or Contempt of Court proceedings against the estranged wife for violation of the ATROs. In order to do either, I need the insurance company beneficiary documents whose receipt a cooperative adverse attorney would have facilitated.
What harm would the estranged wife suffer from my discovery of the beneficiary change - given her attorney's prior "lip service" to correction of the ATRO violation? Her attorney's tacit refusal to cooperate may subject the wife to Contempt proceedings, whereas her cooperation would have "fixed" the violation by reinstating my client as beneficiary.
Without the focus and dedication that I applied today, it would have taken days or weeks for other law firms to get done what I got done in a single morning. I await receipt of the subpoenaed documents so that I can use them to take the next steps.
Now, it is time for me to start the work on other matters that I had planned to do today.
Written by Certified Family Law Specialist DONALD F. CONVISER, of Warner Center Law Offices, a Los Angeles Divorce Lawyer with over 35 years of Family Law experience, whose website can be found at www.conviser.net
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