QUESTION: Should we get remarried to make it valid? My wife was still married when we got married in the state of Virginia. She was able to finish her divorce 4 years later. Virginia has void ab initio marriage for such cases. Should we get remarried now that our first marriage never existed and do I need any annulments done? It's been 6 years since we got married. We currently live in the state of California.
MY RESPONSE:
You need to remarry your wife under those circumstances.
There is no need to file to annul your marriage before remarrying your wife.
Don't forget to get a marriage license, first.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Thursday, July 7, 2011
Wednesday, July 6, 2011
CAN MY DIVORCE PROCEED WITHOUT AN AGREED CUSTODY ARRANGEMENT?
QUESTION Can my divorce continue without the custody agreement being agreed upon? My husband has filed for divorce but wants joint custody of our daughter. I want sole custody. He is a drug addict and is currently on probation for violation relating to drugs. I don’t care about the divorce but I care about my child’s safety.
MY RESPONSE:
The divorce can continue without agreement as to child custody.
What you should do regarding child custody is to file an Order to Show Cause for temporary sole physical and legal custody, pending trial, and at trial seek the sole physical and legal custody of your daughter.
You would best retain an experienced Family Law Attorney to represent you in your divorce and child custody proceedings.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
The divorce can continue without agreement as to child custody.
What you should do regarding child custody is to file an Order to Show Cause for temporary sole physical and legal custody, pending trial, and at trial seek the sole physical and legal custody of your daughter.
You would best retain an experienced Family Law Attorney to represent you in your divorce and child custody proceedings.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Tuesday, July 5, 2011
HOW CAN I START THE ADOPTION PROCESS?
QUESTION: My ex husband's rights to my four children have been terminated. He signed off on his rights. My current husband wants to adopt my children. How do I start the adoption procesis?
MY RESPONSE: The adoption process is to be done by your husband, who should file an adoption case with the Court.
He would best retain a knowledgeable adoption attorney to represent him.
The social worker who performs the adoption investigation will seek your ex-husband's written consent to the adoption.
Hopefully, your ex-husband will cooperate by signing the consent form provided to him by the social worker.
The prior "termination" or "signing off" of your husband's rights (whatever that was) won't be sufficient for purposes of an adoption, unless his parental rights had been terminated by a Court of competent jurisdiction.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: The adoption process is to be done by your husband, who should file an adoption case with the Court.
He would best retain a knowledgeable adoption attorney to represent him.
The social worker who performs the adoption investigation will seek your ex-husband's written consent to the adoption.
Hopefully, your ex-husband will cooperate by signing the consent form provided to him by the social worker.
The prior "termination" or "signing off" of your husband's rights (whatever that was) won't be sufficient for purposes of an adoption, unless his parental rights had been terminated by a Court of competent jurisdiction.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Monday, July 4, 2011
WILL I HAVE TO PAY ALIMONY TO MY WIFE?
QUESTION: My wife and I are going through a divorce. We have been married 8 years. She has worked at various times during our marriage, but is now unemployed and too lazy to get a job. She has cheated on me multiple times. We have no children together. Do I have to pay her alimony?
MY RESPONSE:
You might. Without more, it is highly likely that the Court would award Spousal Support (alimony) to your wife, for 1/2 the duration of the marriage. With appropriate legal assistance, you should be able to diminish or eliminate that risk.
You would be well advised to at least consult with, if not retain an experienced Family Law Attorney to represent you.
It is possible that income could be imputed to your wife, by proving that she has both the ability and the opportunity to earn a living, through examination of her by an expert Vocational Training Consultant and/or other means, in an effort to diminish or eliminate your responsibility to pay alimony to your wife.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
You might. Without more, it is highly likely that the Court would award Spousal Support (alimony) to your wife, for 1/2 the duration of the marriage. With appropriate legal assistance, you should be able to diminish or eliminate that risk.
You would be well advised to at least consult with, if not retain an experienced Family Law Attorney to represent you.
It is possible that income could be imputed to your wife, by proving that she has both the ability and the opportunity to earn a living, through examination of her by an expert Vocational Training Consultant and/or other means, in an effort to diminish or eliminate your responsibility to pay alimony to your wife.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Sunday, July 3, 2011
CAN I BE SERVED LEGAL DOCUMENTS AT WORK?
QUESTION: What are the regulations for serving legal documents? Can anyone go to your place of employment and serve you with legal documents?
MY RESPONSE: Anyone who is at least 18 years of age, other than a party in the case, can personally serve documents wherever they can find the person to serve [i.e, at home, at work, on the sidewalk, etc.].
The process server must properly complete and sign a Proof of Service under penalty of perjury, and if the party who is served contests the service, the process server should be available to testify as to the facts of the service.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: Anyone who is at least 18 years of age, other than a party in the case, can personally serve documents wherever they can find the person to serve [i.e, at home, at work, on the sidewalk, etc.].
The process server must properly complete and sign a Proof of Service under penalty of perjury, and if the party who is served contests the service, the process server should be available to testify as to the facts of the service.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Saturday, July 2, 2011
WILL I HAVE TO PAY SPOUSAL SUPPORT TO MY HUSBAND?
QUESTION: I have been married 30 years and separated for 5. I have a job, but my husband is unemployed. Will I have to pay him spousal support?
MY RESPONSE: You may have to pay spousal support to your husband, under those circumstances. However, you should at least consult with, if not retain, an experienced Family Law Attorney to represent you, because it may be possible to impute income to your husband, or the attorney may be able to obtain an order that your husband submit to a Vocational Evaluation by a Vocational Training Consultant, with a view to imputing income to your husband.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE: You may have to pay spousal support to your husband, under those circumstances. However, you should at least consult with, if not retain, an experienced Family Law Attorney to represent you, because it may be possible to impute income to your husband, or the attorney may be able to obtain an order that your husband submit to a Vocational Evaluation by a Vocational Training Consultant, with a view to imputing income to your husband.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Friday, July 1, 2011
WILL MY SPOUSE GET HALF OF MY 401K IF I SEEK A LEGAL SEPARATION?
QUESTION: Married 30 yrs. Husband hasn't worked for about 10 yrs. and refuses to work. Husband has BA degree in engineering from before we were married. I have an AA degree from before we were married. No children. If I finally decide to pursue a Legal Separation, will he get 1/2 of my 401K?
MY RESPONSE:
In a divorce or legal separation, the Court divides the net community property 50/50 between the parties.
Your 401K is one of the assets that make up the net community property, so it would most likely be divided via a QDRO [Qualified Domestic Relations Order] in a divorce or legal separation.
The fact that you earned your 401K during the marriage and your husband has not worked for 10 years is immaterial, since each party's income during the marriage is community property.
To the extent of contributions to your 401K during the marriage, those contributions and any company matching contributions, plus or minus any investment gains or losses thereon, are community property.
I question why you would seek a Legal Separation instead of a Dissolution of your Marriage?
Unless there are religious reasons why you would not divorce your husband, you would be far better off to divorce him than to get a Legal Separation.
A Legal Separation divides Community Property and sets Spousal Support just as a Divorce would do, but a Legal Separation leaves you married to your husband.
Were you to get a Legal Separation, hour husband would remain your husband (i.e., he wouldn't become your ex-husband), and you would be forced into the worst possible marginal income tax bracket, Married filing Separately, unless you and your husband file Joint Income Tax returns (you couldn't force him to do so), and you would have to go through a totally new Family Law case, for Dissolution of Marriage, from start to finish, to divorce him.
Also, in a Legal Separation or Divorce case, the Court, under the circumstances you describe, would likely order you to pay Spousal Support (Alimony) to your husband until his death or remarriage.
You should retain an experienced Family Law Attorney to represent you in your Legal Separation or Divorce case, to attempt to have the Court impute income (ability and opportunity to work) to your husband, in an effort to minimize or eliminate your risk of a Spousal Support order.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
MY RESPONSE:
In a divorce or legal separation, the Court divides the net community property 50/50 between the parties.
Your 401K is one of the assets that make up the net community property, so it would most likely be divided via a QDRO [Qualified Domestic Relations Order] in a divorce or legal separation.
The fact that you earned your 401K during the marriage and your husband has not worked for 10 years is immaterial, since each party's income during the marriage is community property.
To the extent of contributions to your 401K during the marriage, those contributions and any company matching contributions, plus or minus any investment gains or losses thereon, are community property.
I question why you would seek a Legal Separation instead of a Dissolution of your Marriage?
Unless there are religious reasons why you would not divorce your husband, you would be far better off to divorce him than to get a Legal Separation.
A Legal Separation divides Community Property and sets Spousal Support just as a Divorce would do, but a Legal Separation leaves you married to your husband.
Were you to get a Legal Separation, hour husband would remain your husband (i.e., he wouldn't become your ex-husband), and you would be forced into the worst possible marginal income tax bracket, Married filing Separately, unless you and your husband file Joint Income Tax returns (you couldn't force him to do so), and you would have to go through a totally new Family Law case, for Dissolution of Marriage, from start to finish, to divorce him.
Also, in a Legal Separation or Divorce case, the Court, under the circumstances you describe, would likely order you to pay Spousal Support (Alimony) to your husband until his death or remarriage.
You should retain an experienced Family Law Attorney to represent you in your Legal Separation or Divorce case, to attempt to have the Court impute income (ability and opportunity to work) to your husband, in an effort to minimize or eliminate your risk of a Spousal Support order.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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