QUESTION: I am being mentally abused by my husband and not allowed to work to make my own money. What money my husband makes is all his. How am I supposed to get out of this situation? You have to have money to do anything. I am not happy and cannot live like this any more I do not wish to be dominated over.
MY RESPONSE: Unless you and your husband had a prenuptial agreement that made your husband's income his own separate property, the money that he earns is community property, and what it purchases is community property. You should interview experienced Family Law Attorneys in an effort to find and retain one to represent you in your divorce and to seek an early attorney's fee order against your husband to fund the litigation. If you can’t locate such an attorney, go to your local Superior Court’s self-help clinic to learn how to file and proceed with a divorce and how to seek and get a filing fee waiver from the Court.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
Monday, February 20, 2012
IF MY HUSBAND DRINKS AND USES DRUGS, WHAT ARE THE CHANCES THAT I WILL GET CUSTODY?
QUESTION: My husband drinks every day and recently he got out of control. I called the cops; he resisted arrest and assaulted a cop. He had weed on him. What are the chances I will get custody of the kids until he stops drinking and drugs?
MY RESPONSE: If you file a divorce case and seek and receive domestic violence restraining orders against your husband, that would create a rebuttable presumption under Family Code Section 3044 that an award of any sort of custody to your husband would be detrimental to the best interests of your children. Your husband's violence against a policeman will not qualify you for domestic violence restraining orders, but if he is convicted of a crime of violence against the policeman, evidence of his conviction may be helpful in your child custody case. If your husband was recently violent towards you or any of your children, or if he threatened you or them with harm, that may qualify you for domestic violence restraining orders. Even if your husband's conduct doesn't warrant or result in domestic violence restraining orders, evidence of his drinking and drug use should assist you in getting sole physical and legal custody of your children. You would best retain the services of an experienced Family Law Attorney to represent you in your child custody (and 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 file a divorce case and seek and receive domestic violence restraining orders against your husband, that would create a rebuttable presumption under Family Code Section 3044 that an award of any sort of custody to your husband would be detrimental to the best interests of your children. Your husband's violence against a policeman will not qualify you for domestic violence restraining orders, but if he is convicted of a crime of violence against the policeman, evidence of his conviction may be helpful in your child custody case. If your husband was recently violent towards you or any of your children, or if he threatened you or them with harm, that may qualify you for domestic violence restraining orders. Even if your husband's conduct doesn't warrant or result in domestic violence restraining orders, evidence of his drinking and drug use should assist you in getting sole physical and legal custody of your children. You would best retain the services of an experienced Family Law Attorney to represent you in your child custody (and 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 |
Sunday, February 5, 2012
IF I SIGNED THE BIRTH CERTIFICATE, CAN I REQUEST A DNA TEST?
QUESTION: I live in CA. I signed a birth certificate as the father. I was also granted visitation every other weekend by the Court. My ex filed for CS. Can I still request DNA test to be done even though I signed the birth certificate and went to court for visitation rights?
MY RESPONSE: You can and should request a DNA test as soon as possible if you have reason to question whether you are the father. If the mother won’t stipulate to an Order for the DNA test, file a Motion in the Paternity case for the DNA test.
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 and should request a DNA test as soon as possible if you have reason to question whether you are the father. If the mother won’t stipulate to an Order for the DNA test, file a Motion in the Paternity case for the DNA test.
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 LONG WILL MY DIVORCE TAKE, IF I FILE IT FROM JAIL?
QUESTION: I am in Jail, and I want to divorce my wife. How long will it take for me to get a divorce from her?
MY RESPONSE: How long it takes will depend on the issues in your divorce case, whether your wife will cooperate in settling the divorce case, and whether or not you are represented by counsel in that case. You would best retain an experienced Family Law Attorney to represent you in your 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: How long it takes will depend on the issues in your divorce case, whether your wife will cooperate in settling the divorce case, and whether or not you are represented by counsel in that case. You would best retain an experienced Family Law Attorney to represent you in your 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 |
I JUST LEARNED THAT MY SPOUSE WASN’T DIVORCED FROM HIS PREVIOUS WIFE; WHAT SHOULD I DO?
QUESTION: I just learned that my marriage that took place 8 years ago was not real since my husband was not yet divorced from his previous wife. I would like to file for divorce. How long will it take before a divorce will be finished and how much does it really cost for a divorce?
MY RESPONSE: You will need to interview experienced Family Law Attorneys to determine how much they charge for their services. If your husband's former marriage hadn't been dissolved when you married him, your marriage to him is at least voidable, if not void, so you should likely file for both a dissolution of the marriage and nullity of the marriage - so that if you don't get the annulment (i.e., if you are unable to prove that he is still married to his former wife), you can get your marriage dissolved. It will take at least six months from the time your husband is served with your divorce/annulment case, and likely substantially longer, to dissolve or annul your marriage, so you shouldn't delay getting started.
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 will need to interview experienced Family Law Attorneys to determine how much they charge for their services. If your husband's former marriage hadn't been dissolved when you married him, your marriage to him is at least voidable, if not void, so you should likely file for both a dissolution of the marriage and nullity of the marriage - so that if you don't get the annulment (i.e., if you are unable to prove that he is still married to his former wife), you can get your marriage dissolved. It will take at least six months from the time your husband is served with your divorce/annulment case, and likely substantially longer, to dissolve or annul your marriage, so you shouldn't delay getting started.
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 OFFSET TRAVEL EXPENSES AGAINST MY CHILD SUPPORT OBLIGATION?
QUESTION: In 2007 my wife and I divorced. Per the divorce decree as of May 2010 she was to begin paying 50% of the travel fees for our 2 children. To date, she has yet to pay anything. In December 2011, I paid for 2 plane tickets for my children to visit me and she failed to put them on the plane, and thus denied me visitation. With enough notification from me to her, can I offset the amount she owes me for travel from her child support? Since it was her choice to deny me visitation after I bought the tickets, can I insist she pays the full amount for those tickets? I send her child support directly to her from my bank account.
MY RESPONSE: You would be far safer to file an Order to Show Cause seeking permission from the Court to offset the travel expenses against child support, and seeking sanctions against your ex-wife for refusing to allow the children to fly, if her refusal was unjustified. However, if she had valid reasons for not letting the children fly (age, lack of an accompanying adult, etc.), you shouldn't file an OSC. It would wise for you to try to work out a resolution of the travel issues with your ex-wife, to avoid further problems. Child support is for the benefit of the children, and you could create problems for yourself with the Court if you deduct the travel expense from child support without your ex-wife's written consent or an order of the Court allowing you to do so.
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 would be far safer to file an Order to Show Cause seeking permission from the Court to offset the travel expenses against child support, and seeking sanctions against your ex-wife for refusing to allow the children to fly, if her refusal was unjustified. However, if she had valid reasons for not letting the children fly (age, lack of an accompanying adult, etc.), you shouldn't file an OSC. It would wise for you to try to work out a resolution of the travel issues with your ex-wife, to avoid further problems. Child support is for the benefit of the children, and you could create problems for yourself with the Court if you deduct the travel expense from child support without your ex-wife's written consent or an order of the Court allowing you to do so.
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, February 3, 2012
WILL MY WIFE HAVE ACCESS TO MY PARENTS’ BANK ACCOUNTS IF I AM ON THOSE ACCOUNTS?
QUESTION: I am on my parents’ personal and business accounts, to enable me to handle their business in the event they need me to do so. When I file for a divorce, will my wife be able to have access to this account since my social is on it?
MY RESPONSE: Your wife can "discover" information about the accounts from you since your name is on the accounts, but if the accounts are bona fide business and personal accounts of your parents from which you haven't drawn funds for your own use or deposited community funds into those accounts, your wife will likely have no right to any funds in those accounts.
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 wife can "discover" information about the accounts from you since your name is on the accounts, but if the accounts are bona fide business and personal accounts of your parents from which you haven't drawn funds for your own use or deposited community funds into those accounts, your wife will likely have no right to any funds in those accounts.
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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