QUESTION: My wife and I were married 3 months before we separated. We have no combined assets or debt, no children, and never shared a residence. We filed the divorce paperwork, and I was "served" my summons. We both agree there is no assets or debts to be distrubuted by the court. Besides the proof of service, which has beem returned to the court by the person who served me, and my response, form fl-120, are there any other forms that must be filed? Do we need to provide a financial disclosure, schedule of assets and debts, or others?
MY RESPONSE: It would have been far easier and faster if you had filed a joint Summary Dissolution of Marriage. In a regular marital dissolution, each party is required to file a preliminary and a final Declaration of Disclosure, along with the requisite Income and Expense Declaration and Schedule of Assets and Debts - the final Declaration of Disclosure can be omitted if the parties sign and file a Waiver of Final Declaration of Disclosure. Additional forms that need to be filed in a regular marital dissolution include a Judgment, a Notice of Entry of Judgment, an Appearance Stipulation and Waivers form, and a Declaration re Default or Uncontested Dissolution. You might consider filing a joint Summary Dissolution Action with your wife, and dismissing the regular marital dissolution action, if you want to simplify the process and avoid the ordeal.
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, March 31, 2012
WHEN DOES THE DIVORCE 6-MONTH COOLING-OFF PERIOD BEGIN?
QUESTION: I need help clarifying a CA divorce question, in regards to when the 6 months cooling-off period begins and the final divorce date. My husband had the papers served on me and I signed them Jan 16, 2012. He filed that and the court stamped the acknowledgement on Jan 30, 2012. He has filed for default, since I was unable to file a response due to money and distance issues and we have no assets or bills to divide. We haven't lived together in over 2 years, although we never filed for legal separation. What date does the court acknowledge as the start date for cooling off? The CA website says the day I signed, Jan 16, but my ex says it is 6 months from the date the court received the paper, Jan 30. Any insight you can provide would be greatly appreciated. Thanks!
MY RESPONSE: It is 6 months from the date of service, which was the date you signed the Notice and Acnkowledgment of Receipt of Service. The fact that it took your husband some time to file that document does not change the start date of the 6 month period, so long as the signed Notice and Acknowledgment of Receipt of Service along with its accompanying Proof of Service by Mail is filed with the Court Clerk.
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 is 6 months from the date of service, which was the date you signed the Notice and Acnkowledgment of Receipt of Service. The fact that it took your husband some time to file that document does not change the start date of the 6 month period, so long as the signed Notice and Acknowledgment of Receipt of Service along with its accompanying Proof of Service by Mail is filed with the Court Clerk.
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 |
DO I LOSE MY HEALTH INSURANCE WHEN A LEGAL SEPARATION IS GRANTED?
QUESTION: My husband files for legal separation rather than divorce, will I still be on his work health insurance for the six month waiting period or do I loose my health insurance immediately upon the granting of the legal separation? Thank you.
MY RESPONSE: You remain married to your husband when the Court grants a Judgment of Legal Separation, and afterwards, until the Court dissolves the marriage pursuant to a Judgment of Dissolution of Marriage (for which a separate Divorce case must be thereafter filed and prosecuted to judgment). Remaining married to your husband means that you remain eligible to receive health insurance benefits through his employment.
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 remain married to your husband when the Court grants a Judgment of Legal Separation, and afterwards, until the Court dissolves the marriage pursuant to a Judgment of Dissolution of Marriage (for which a separate Divorce case must be thereafter filed and prosecuted to judgment). Remaining married to your husband means that you remain eligible to receive health insurance benefits through his employment.
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 SON FILE AN INJUNCTION TO KEEP HIS FORMER SPOUSE FROM MOVING OUT OF STATE WITH THEIR CHILDREN?
QUESTION: Can my son file an injunction against his former spouse to keep her from taking their children and moving out of state? Her intention to move is not job-related, nor has she remarried. My son informed her that he would file a court order if she left, but she's determined to go anyway.
MY RESPONSE: He can file an Order to Show Cause to modify Child Custody and/or for orders enjoining his ex-wife from moving the children out of state.
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: He can file an Order to Show Cause to modify Child Custody and/or for orders enjoining his ex-wife from moving the children out of state.
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 MOVE OUT OF STATE WITH MY SON?
QUESTION: My ex and I never married, and there is nothing involving the courts. He does not financially support our 4 year old and picks him up for visitations 3 or 4 days month. He never calls or communicates with him. Now, I want to move to Colorado with my family so I can have the support and get a job. I now receive a death benefit from my deceased husband that was in the marine corps. And I also get medical for my son as well. After I informed him that I wanted to leave he said that I couldn't. Does he have a say? Can we get sent back?
MY RESPONSE: If you move to Colorado, do so before any case is filed. Once your son has lived in Colorado for 6 months, Colorado will be his "home state" for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
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 move to Colorado, do so before any case is filed. Once your son has lived in Colorado for 6 months, Colorado will be his "home state" for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
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 DO I START A DIVORCE AFTER MY SPOUSE CHEATED ON ME?
QUESTION: How do I start the divorce process? I'm considering getting a divorce because my spouse is cheating.
MY RESPONSE: The easiest way to start the divorce process is by retaining an experienced Family Law Attorney to handle the process for you. If you can't afford to retain an attorney, you should at least consult with an experienced Family Law Attorney to determine whether you would qualify for an Attorney Fee Order payable by your spouse. You could consult a volunteer attorney at your local Superior Court's self-help clinic if you want to prepare and file and prosecute a divorce case yourself. California has "no-fault" divorce, in which anybody can divorce his/her spouse based on "irreconcilable differences". The fact that your spouse has cheated on you has obviously caused an irreconcilable difference that is leading to an irremediable breakdown of the marital 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: The easiest way to start the divorce process is by retaining an experienced Family Law Attorney to handle the process for you. If you can't afford to retain an attorney, you should at least consult with an experienced Family Law Attorney to determine whether you would qualify for an Attorney Fee Order payable by your spouse. You could consult a volunteer attorney at your local Superior Court's self-help clinic if you want to prepare and file and prosecute a divorce case yourself. California has "no-fault" divorce, in which anybody can divorce his/her spouse based on "irreconcilable differences". The fact that your spouse has cheated on you has obviously caused an irreconcilable difference that is leading to an irremediable breakdown of the marital 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 |
WHAT CAN I DO TO GET FULL CUSTODY IF THE FATHER DOES DRUGS?
QUESTION: My ex and I were fighting for my child and we agreed in court that he was going to have him for every other day, but I found out he does drugs and drinks. What can I do to get the full custody?
MY RESPONSE: Hopefully, your source of information is not inadmissible hearsay. You would best retain an experienced Family Law Attorney to evaluate and obtain evidence and to file and prosecute an OSC on your behalf.
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: Hopefully, your source of information is not inadmissible hearsay. You would best retain an experienced Family Law Attorney to evaluate and obtain evidence and to file and prosecute an OSC on your behalf.
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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