David J Glass’s Answers

David J Glass

Santa Monica Family Law Attorney.

Contributor Level 10
  1. What should I do if my husband filed our date of separation incorrectly, based on his benefits in his divorce file?

    Answered over 1 year ago.

    1. David J Glass
    2. Wail Sarieh
    3. Dean George Tsourakis
    4. Stephen Ross Cohen
    4 lawyer answers

    As an initial matter, you cam list your own date of separation in your response. In terms of "proving" the date of separation, CA case law has a number of factors that the Court will look at, including: 1. Did you hold yourself out to friends/family as married? Did you go out together socially? Did you vacation together? Entertain together? 2. Did you maintain shared bank accounts? File taxes together? Share expenses for living? 3. Did you cook for him? Do his laundry? Did...

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  2. I know CA is a no-contest state, but is there any way my spouse's adultery can be used as part of my defense in the courtroom?

    Answered over 1 year ago.

    1. David J Glass
    2. Richard Forrest Gould-Saltman
    3. Wail Sarieh
    4. David N. Booth
    4 lawyer answers

    California is a "no fault" state, so an affair cannot be used to try to gain an advantage in the division of property, award of support, or in terms of custody. However, if you were able to track credit card usage and bank statements to show that he spent community funds on the affair, you could seek reimbursement of those funds from your husband's portion of the community. In that way, evidence of the affair could show up in court. Likewise the affair could come up in the custody portion of...

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  3. What happens when the spouse who filed for divorce passes away during the process.

    Answered 6 months ago.

    1. David J Glass
    2. Michael Raymond Daymude
    3. Gregory Paul Benton
    3 lawyer answers

    For the limited purpose of "what happens to the divorce action" -- It doesn't matter who died, where they lived, or where the action was filed. If a spouse dies BEFORE the actual divorce is granted, then the divorce action ceases. I most jurisdictions, the living spouse files a Notice of Death of Opposing Party and the case is dismissed. THEN, it will matter where the case is. In a community property state, like California, the deceased spouse has the ability to bequeath his/her half of...

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  4. Ex controls access to my personal property, insists on removing it before divorce judgement, calling it abandoned property.

    Answered 6 months ago.

    1. David J Glass
    2. Edna Carroll Straus
    3. Robert Andrew Michael Burns
    3 lawyer answers

    My solution will require an attorney, because you are living out of state. You need to file a Request for Orders (RFO) for return of personal property. You will list all the property, use your FL-142 Schedule of Assets and Debts as an Exhibit, and include texts and emails with your husband about trying to get your property back. The Court will order certain dates/times that you can remove your belongings, whether all at once or in several trips. In the meantime, send a "cease and desist"...

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  5. HOw many times can the commissioner reserve the attorney fees award (for wife from husband?

    Answered over 1 year ago.

    1. David J Glass
    2. Michael Charles Schwerin
    3. Edward Brandon Beckham
    3 lawyer answers

    There are two basic kinds of attorney fee awards in family law: needs-based fees and sanctions. To get needs-based fees you need to sow a disparity in income and/or a disparity in assets, and you would have to show the inability to raise funds to pay your attorneys whereas he had the ability to pay some of your fees. Sanctions are more difficult to obtain and generally get awarded for litigious/vexatious conduct that makes things needlessly difficult and expensive. If you have doubts, you...

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  6. I have a question about supervised visitation

    Answered about 1 year ago.

    1. David J Glass
    2. Tobie Brina Waxman
    3. Ross Carlton Meltzer
    3 lawyer answers

    Unfortunately, it sounds like your only choice is to go back to Court, and explain to the Judge that the child's other parent refuses even reasonable offers for a "mutually acceptable" monitor, and also refuses to make his/her own choice. You can ask for the following relief, in the alternative: 1) that the court approve of your choice of a non-professional monitor; and/or 2) that the court make the child's other parent pay for the monitor because he/she will not agree to anyone who is non-...

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  7. I have full physical custody but father won't give up legal but should, what can I do to obtain legal if he's hard to locate?

    Answered about 1 year ago.

    1. David J Glass
    2. Stephen Ross Cohen
    3. Jack McRae
    3 lawyer answers

    If you go back to Court in a month, you should think about filing a "supplemental declaration" that describes the children's father's failures to attend his visits, to cooperate with passports, etc. And, in that supplemental pleadings, if it is filed at least 16 "court days" prior to the return hearing date, can request additional "relief" --> including sole legal custody. Ordinarily, sole legal custody is not favored by the Court, unless you can show a serious incapacity that prevents good...

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  8. I was misled during the divorce settlement conference by my ex husband & both attorneys but did not know that until recently.

    Answered over 1 year ago.

    1. David J Glass
    2. George Ellis Corson IV
    3. Gregory Paul Benton
    3 lawyer answers

    There are ways to "set aside" a divorce settlement agreement. Most commonly, a person can do so based on "fraud" or "mistake." The "fraud" has to be significant/material to the overall deal, and you have to seek to set aside the settlement agreement relatively soon after you discover the fraud. Here, you don't state any facts about fraud -- you talk about being pressured, and threatened, and your own attorney offering to waive your fees owed in order to induce you to enter into the...

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  9. Does my sister need a letter I wrote to her judge notarized to get him to read it ?

    Answered 6 months ago.

    1. David J Glass
    2. Victor Murray Hwang
    3. Edna Carroll Straus
    4. Cynthia Lajean White
    4 lawyer answers

    A "declaration" -- a written statement of facts submitted by any person in a legal case -- needs to be submitted "under penalty of perjury." No notarization needed. Just end the typed statement with "I declaration, under penalty of perjury, pursuant to the laws of the State of California that the foregoing is true and correct." But note, then you also have to make sure that the person making he declaration has personal knowledge of the information in the declaration (they have to...

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  10. Can jurisdiction be changed back to California?

    Answered about 1 year ago.

    1. David J Glass
    2. David Alexander Browde
    3. Lee Alan Thompson
    3 lawyer answers

    Interstate custody disputes are very complicated and require an experienced lawyer to analyze theUniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The first question you will be asked is: how long ere the kids in Nevada after the initial move, and how long we're they back in California. You need to meet with an attorney right away.

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