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Donald Frederick Conviser's Answers
- 469 Legal Answers
- 0 Legal Guides
3
Attorney answers:
How long can a temporary support motion be postponed by husband's atty?
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...
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3
Attorney answers:
Commisioner question (family law)
If you have not already stipulated to the Commissioner, you can "non-stip" the Commissioner, i.e., refuse to sign a stipulation which would allow the Commissioner to sit as a Judge on your case. A non-stip would send your case to the Master Calendar Court, which would send you to another Commissioner or a Judge. If you don't like the other Commissioner, non-stip that Commissioner. If you don't like the Judge, you have one opportunity to 170.6 one Judge in your case - and you will never have...
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3
Attorney answers:
How do you start the process of divorce with a spouse that does not agree to the divorce and refuses to leave the home?
You can get a divorce whether or not your husband agrees to a divorce. File, have him served, and get your divorce under way and over, as soon as you can. Getting your husband to leave the home can be a problem - he is a part owner of the home, so you can't evict him. Unless he commits domestic abuse through physical violence or threats of harm, it is unlikely that you could get him removed from the home through Domestic Violence Restraining Orders. Once the case has been resolved through...
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3
Attorney answers:
Was family Code section 2337 revised a few years ago to make bifurcation of marital status more difficult?
The purpose was not to make status bifurcation more difficult, but to provide protection to the other spouse, because important rights of the other spouse are curtailed when marital status is dissolved. Section 2337 was designed to protect the rights of that spouse that can be protected, and to provide suitable alternatives for those rights where those rights cannot be protected. As a result, you are required to jump through hoops and pay a pound of flesh to get status bifurcated Better just...
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3
Attorney answers:
Amending a legal separation to divorce
Your divorce case is a separate case from your prior legal separation case. Check "dissolution of marriage" on the FL-100 form. Since you already have a Judgment for "legal separation", you cannot amend the petition in the prior case. However, that prior judgment likely adjudicated all issues other than marital status, so you could (but are not required to) attach a copy of that Judgment of Legal Separation to your divorce petition, to apprise the Court that those issues were already...
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1
Attorney answers:
What do I do if I just found out that my ex hid assets during our divorce?
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...
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4
Attorney answers:
Can a Divorce lawyer ask about my health issues in the interagories?
Interrogatories are not filed with the Court, so responses to Interrogatories would not be made public unless a party were to use the responses as exhibits to an OSC or Motion - which is rarely done. However, if you have health issues which affect your ability to work (and earn), if you are seeking Spousal Support, or if you are seeking to delay entry of the Judgment to enable you to continue receiving health insurance benefits through your spouse's employment-based health insurance...
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3
Attorney answers:
Family code OSC (California)
There is no code section, whether Family Code, or any other code, that provides that an OSC must be served on the other party within 16 days. Code of Civil Procedure Section 1005(b) provides that an OSC must be filed and served at least 16 Court Days (not calendar days) before the hearing on the OSC.
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4
Attorney answers:
In family law, can a party waive their right to come back to court to modify?
It is unlikely that the Court would honor such a waiver. Such a waiver would be against public policy - what would happen if an emergency arose which required a decision and you and your ex couldn't agree as to the solution?
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3
Attorney answers:
Can the respondent miss the filing deadline and then file for a new case in a divorce in ca
She can.
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