Mark Brian Baer’s Answers

Mark Brian Baer

Pasadena Family Law Attorney.

Contributor Level 14
  1. Marriage Annulment

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Steven Alan Fink
    3. Cristin Michelle Lowe
    3 lawyer answers

    I agree with the other answers. I want to add that she would have to prove fraud at the moment that you got married and not that you requested her to remain married until you completed the naturalization process. However, I do not believe that she is admitting to immigration fraud because her agreement to remain married to you was after you were already married for 2 years. For her to be admitting to such fraud, she would have to have known that the marriage was for purposes of your...

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  2. Married 23 years and am very unhappy. I want a divorce but dont know if I can make it on my own. Where do I begin?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Cristin Michelle Lowe
    2 lawyer answers

    I would suggest that you begin by consulting with a well qualified family law attorney. If you need to pay a fee for the consultation, you might want to do so in cash so that your spouse does not get notice of that meeting. All that I can tell you is that you are in a long term marriage and you will most likely receive spousal support for an indefinite period of time. A person cannot place their ex spouse on the medical coverage. Therefore, if you divorce, you will need to obtain your own...

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  3. Who will get custody of my 1 year old child?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Stephanie Farr White
    2 lawyer answers

    Nothing in life is certain, but from the information contained in your question it sounds as if you will end up with primary custody of your child. Although the child is only one year old, your son has no relationship with his father (even though that is not the fault of his father who was on military duty). Your husband will get visitation and I suspect that it will be on a stepped up basis (his time increasing on a set schedule until a maximum on that schedule) has been reached....

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  4. Is my wife's income and capital gain in her stocks community property?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Steven Alan Fink
    2 lawyer answers

    Let’s discuss how the community gains an interest in a separate property asset, where no community funds are used. Instead of cash we will be dividing what I call sweat equity. The Court may determine that one spouse's use of community property assets (namely their own time, energy, skill and labor) for the improvement of a separate property asset creates a necessity to determine to what extent, if any, the community obtains an interest in that asset as a result of that use. The "more effort"...

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  5. Los Angeles County, CA Alimony/Spousal Support, what initial "Calculator" is used to determine the alimony base pay?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    1 lawyer answer

    The program that the ADR volunteer most likely used was DissoMaster or a variation of that program. The program is used to calculate child support (which is Guideline and therefore the program must be used). Even though the program does calculate spousal support, there is no such thing as Guideline spousal support (alimony). Nevertheless, it is not uncommon for spousal support to be somewhere in the range set forth on that program. HOWEVER, the figures it computes are based upon the...

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  6. Move Away in California - I have sole physical custody, how do I move to Florida?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Parastoo Kalor
    2 lawyer answers

    I would first like to point out that you need not represent yourself because your ex attorney no longer practices family law. I am sure that he was not the only qualified family law attorney in all of Los Angeles. In any event, even if the move to Florida will not impact the other party's visitation schedule, she does have joint legal custody (which includes a say in the selection of the children's school and many other issues). You would therefore need to file a motion with the...

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  7. What are the advantages of S-Corporation?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Pamela Koslyn
    3. David Allen Hiersekorn
    4. Mark L Rosenberg
    5 lawyer answers

    Actually, there are certain benefits to having a C-corporation as opposed to an S-corporation. Therefore, I would not agree that the comparison is between an S-Corporation and an LLC. For example, I set my office up as a C-corporation because I wanted to be able to pay for ALL of my co-pays, deductibles and all other out-of-pocket medical expenses not covered by insurance and be able to legally deduct those expenses as an expense of my corporation. That can be done with a C-corporation, but...

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  8. I have physical custody of our 2 kids he had them this weekend and didn't bring them home what do I do.

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Steven Alan Fink
    3. Cristin Michelle Lowe
    3 lawyer answers

    I would suggest that you take your court order to the police department and see if they will pay the father a visit and get the children back to you. If the current order clearly states the children should be with you at this time, the police may assist you. If the police will help, you can file an Ex Parte Order to Show Cause with the Court regarding Custody. If done properly, you can get before the Judicial officer by Wednesday. Hopefully, the Judicial Officer will order your ex to...

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  9. How soon can I file for divorce?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Pamela Koslyn
    3. Michael Douglas Shafer
    4. David Alexander Browde
    4 lawyer answers

    For your information, the reason the attorneys are suggesting that you file immediately is because there are certain restraining orders placed on both of you once the case is filed and he is served. He will be in violation of such orders if he liquidates accounts or runs up such debt after being served. I have been answering many questions on AVVO and giving my opinion of what will occur if a matter went before a judicial officer based upon the facts as I understand them. However, I want to...

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  10. In a divorce in California, what is the likely outcome if one spouse wants to continue living in the house after the divorce?

    Answered almost 5 years ago.

    1. Mark Brian Baer
    2. Richard Forrest Gould-Saltman
    2 lawyer answers

    If your wife is going to possibly buy-out your interest in the house, I would suggest that you have the house appraised by an appraiser who is a member of the Appraisal Institute and the American Society of Appraisers. I would also make sure that she can qualify to buy you out. Often times in divorce cases, the parties agree to a buy-out and the title to the property is transferred to one spouse. Meanwhile both spouses are still on the loan documents and the agreement provides that the...

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