Donald Frederick Conviser’s Answers

Donald Frederick Conviser

Woodland Hills Family Law Attorney.

Contributor Level 19
  1. MUST the court in a divorce case scheduled for trial insure that both parties are represented by counsel when one cannot afford

    Answered 11 months ago.

    1. Donald Frederick Conviser
    2. Howard M Lewis
    3. Stephen Vincent Smith
    4. Stephen Ross Cohen
    5. Richard Forrest Gould-Saltman
    5 lawyer answers

    No - that is not the Court's obligation. It is up to you to seek an attorney's fee order, but with trial only a month away, you may not have time to have an RFO for attorney's fees heard. Also, if your wife's income is only slightly greater than yours, you might not qualify for a fee order. However, if your wife and/or your wife's attorneys have done things violative of the principles espoused in Family Code Section 271, you may qualify for economic sanctions against your wife. Consult with...

    13 lawyers agreed with this answer

  2. Which one's most post-litigative: legal separation or divorce?

    Answered about 2 years ago.

    1. Donald Frederick Conviser
    2. Sarah Victoria Cottingham
    3. Michael T Millar
    4. Manuel Alzamora Juarez
    5. Shawn Eric Weber
    6. ···
    6 lawyer answers

    If the other party is litigative, you might as well get a Divorce because after a Legal Separation Judgment, a litigative party could file and pursue a Divorce case. The ony valid reasons to remain married might be to get the benefit of "married filing jointly" income tax marginal rates, to get the benefit of employment-related health insurance, or religious reasons of people whose religions don't allow divorce. You may meet someone else who you might want to marry, and if you only have a...

    13 lawyers agreed with this answer

  3. No signature on Dissolution Judgement

    Answered about 2 years ago.

    1. Donald Frederick Conviser
    2. Manuel Alzamora Juarez
    3. John Noah Kitta
    4. Joseph Torri
    4 lawyer answers

    Your conformed copy of the Judgment is in proper form, and the Judge's stamp is proper on a conformed copy. The Judge's actual signature would be on the original Judgment which is filed in the Clerk's office. The Judgment is valid. If you want a photocopy of the original signed Judgment, you can purchase one from the Clerk's office.

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  4. Is gambling problem a good enough of a reason to be granted a divorce?

    Answered 6 months ago.

    1. Donald Frederick Conviser
    2. Richard Forrest Gould-Saltman
    3. Edna Carroll Straus
    4. Barbara Peyton
    4 lawyer answers

    The only grounds you need for a divorce in California are "irreconcilable differences", which you and your wife have. You would be granted a divorce by the Court. Child Custody is determined in accordance with the "best interests" of the children, which involve many factors, most likely not including your wife's gambling addiction. You might be able to get some economic remedies from the Court for your wife's breach of her fiduciary duty to the marital community. You would best retain an...

    12 lawyers agreed with this answer

  5. How can I get a judge removed from my family law case?

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Robert Bruce Kopelson
    3. Adrienne Patricia Allen
    4. Herb Fox
    4 lawyer answers

    Retain an experienced Family Law Attorney to advise and represent you in your divorce case. You may likely have been ineffective representing yourself due to your lack of knowledge of the law, or you may have offended the judge. There are procedures to seek recusal of a judge for cause, but they are highly technical, they freeze your case pending the outcome of those procedures, a judge from another jurisdiction will determine the outcome of those procedures, and if you fail to get the judge...

    11 lawyers agreed with this answer

  6. How do I proceed to divorce someone incarcerated?

    Answered about 2 years ago.

    1. Atousa Saei
    2. Donald Frederick Conviser
    3. Gintare Grigaite
    3 lawyer answers

    Just like any other divorce. You will need to have someone serve the divorce papers on your spouse; you can have the Sheriff or Marshal do the service, or call the jail or prison to ask which process servers have served people in that jail or prison, and contact and hire that process server to serve your spouse. It would be easiest (but not cheapest) for you to retain an experienced Family Law Attorney to handle your divorce case.

    11 lawyers agreed with this answer

  7. What do I do if I just found out that my ex hid assets during our divorce?

    Answered over 2 years ago.

    1. Donald Frederick Conviser
    1 lawyer answer

    Whether or not you can set aside the Judgment in the divorce case depends upon whether you would be able to prove that you would receive a better result if the true facts are disclosed to the Court. It would seem that the assets that you address are assets acquired post-separation, which would not inure to the benefit of the community. However, your husband likely violated his duty of disclosure, whether or not you would have benefitted had he disclosed those post-separation assets. You...

    11 lawyers agreed with this answer

  8. Do I qualify for a summary dissolution if I own a condo?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Stephen Ross Cohen
    3. Gregory Paul Benton
    3 lawyer answers

    Unfortunately, if either or both of the parties own any real property, they cannot use the Summary Dissolution procedure - you will need to file a regular Dissolution of Marriage Action.

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  9. How long can a temporary support motion be postponed by husband's atty?

    Answered over 2 years ago.

    1. Donald Frederick Conviser
    2. Tai Christopher Bogan
    3. Michael John Apicella
    4. Thomas Allen Neil
    4 lawyer answers

    A hearing gets continued only by agreement of the parties or by the Court ruling on an application to continue the hearing. If the other attorney called you, told you that he has a calendar conflict, asked you to agree to a continuance of the hearing, and you agreed to the continuance, the hearing would likely get continued, either via a written stipulation to continue or a notice of continuance (depending on your court's requirements). If the other attorney gave you notice of an Ex Parte...

    10 lawyers agreed with this answer

  10. Can an LLC protect my family's assets in lieu of a prenup during a divorce? (in California)

    Answered about 2 years ago.

    1. Donald Frederick Conviser
    2. Daniel Seth Williams
    3. William Martin Burbank
    4. Douglass S Lodmell
    4 lawyer answers

    Get a good prenup prepared and entered before you get married. Don't try "angles" or tricks like you proposed instead of a good prenup. Transferring property to a family member before a divorce is filed would be a breach of your fiduciary duty, and get you in trouble with a divorce court. Putting property purchased during marriage into an LLC wouldn't protect you. If you want to get protection, retain an experienced Family Law Attorney to draft and negotiate a good prenuptial agreement for you.

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