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Robert Brett Burch
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Robert Burch’s Answers

128 total


  • I want a divorce. Where/how do I commence?

    I want to divorce my malicious husband.

    Robert’s Answer

    • Selected as best answer

    You must file a Petition for Dissolution in the County of your residence. I see that you live in Huntington Beach, which would mean that you should file a Petition for Dissolution in Orange County, California, assuming you have lived there for at least 3 months and in California for 6 months. You also need to file a Family Law Summons and, if there are children involved then you must also file a Declaration under Uniform Child Custody Jurisdiction Enforcement Act. The filing of these documents commences the action. After filing the documents you must then have a third party serve your spouse with the documents you filed. After service is complete, disclosure documents should be exchanged. For additional information on the process, you can visit my website at www.ocdivorce.net,which gives a good overview of the process. Good luck.

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  • How do I give custody to my daughter's father?

    My daughter is very disrespectful and has called CPS on my before. She lived with her father for 2 1/2 years but over the summer I allowed her to come back home with me. It has been a nightmare she is in trouble at school she fights with her broth...

    Robert’s Answer

    if you wan to give custody of your daughter to her father, you have two options: First, you could execute a stipulation and order transferring custody to father and file it with the court. This option requires the cooperation of the father. If he signs the stipulation then you file it with the Court and it becomes a Court order and he becomes responsible for her care and custody. The second option is filing a Request for Order with the Court and asking that the father be awarded custody. This option poses risks and rewards. The risk is that if there are multiple children typically the courts do not split kids up and where one child goes they all go so if you ask for dad to be awarded custody of this daughter he may counter that he wants custody of all children. The positive (reward) side of filing a request for order is that dad cannot say to the court I will only take the child if child support arrears are wiped away. The Court would not have the discretion to make that type of order.

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  • Divorce of Russian citizens in US for green card holders US residents.

    We (myself, my wife, my daughter -18y.o.) immigrated from Russia to US on job visa, since then we have two more kids 9y.o. US citizens, we do have Green cards for 3 years now,. But lately life became unbearable, she just keeps buying clothes, shoe...

    Robert’s Answer

    Although you are not citizens of the U.S., you are residents, which is all that is required to be able to file for divorce here in California. Moreover, because the two minor children are citizens of he U.S. and are living in California, custody jurisdiction must be in California. If you filed for divorce in Russia, it would have to be on all issues except custody. You ask whether it would be cheaper to file in Russia. The answer to your question is: it depends on the facts of your case. First, you should consult an attorney in Russia to see what your support and property obligations would be. Second, in addition to the support and property obligations you may have in Russia, there are litigation costs you need to consider in litigating in Russiaas well. I have had a case where there was a proceeding on custody here and property and support in Russia. In that case, the Russian support order was lower than it would have been here but property division was higher. You really need to sit down with a family law attorney in your area and discuss your case and your facts in more detail and then consult with a Russian attorney as well.

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  • With divorce mediation, do I have the right to copies of documents prepared and filed for my divorce?

    It states in the agreement that: "Mediation relies on confidentality. You agree not to utilize any information, including drafts of any document prepared by the mediator in court or otherwise against the other person(s) in mediation. (Lawyer's na...

    Robert’s Answer

    You should be able to get any document that has been filed with the Court. The mediator may not have put anything together whih may be why you don't have a draft yet, but I would ask the mediator directly what the status is.

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  • Is business community or separate property? Husband was a Real Estate agent prior to marriage.Changed brokerages after marriage

    Husband was a R.E.Agent prior to marriage.during marriage I became a self employed appraiser for 6 yrs.We formed a corporation, his commissions & my income went into the corp. For the last 4 yrs I have worked for him in his RE business with all mo...

    Robert’s Answer

    Hire a certified family law specialist in your area who can assist you with these issues. These are complex issues that you need help with. Your attorney will assist you in determining the value of the business for which you should receive an equalization payment. Business value often starts with the book value of the business and adds to that value any goodwill. To arrive at goodwill, the Courts often use an excess earnings valuation method which involves hiring a forensic accountant to do a cash flow analysis of the business and a reasonable compensation analysis. The forensic accountant will then have to assist your attorney in determining what multiple to apply to the excess earnings of the business which oftentimes involves an analysis of the risk factors in the business. All of theses tasks requires significant discovery into the business and its income and expenses historically. You need to contact an attorney to assist you.

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  • I filed for divorce,child support/custody.I was told I could make payments on the $395 filing fee.what if anythg will my ex be

    held responsible for as far as fees go?

    Robert’s Answer

    • Selected as best answer

    Your ex will also have to pay a filing fee of $395. If he earns more than you and depending on the custody timeshare, upon you filing an OSC for child support, spousal support and attorney's fees, he may also have to pay child support; spousal support; as well as contribute to your attorney's fees or if you do not have an attorney give you money to hire an attorney.

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  • My child graduates from high school on Friday the 15th. I pay support on Fridays. Do I owe a check on the graduation day?

    The support checks are due on Fridays. I live in California.

    Robert’s Answer

    What are the specific terms of the order. Most orders say that the child support is payable on the 1st and 15th of each month until the child is 18 and graduated from high school. If your child is 18 and graduates on high school on the 15th and your order is the typical order then you probably do not have to pay support on the 15th.

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  • I owe back child support i am making my payments but everytime i am a few days late they suspend my drivers license....

    How am i suppose to get to work if i can't drive? is there anything i can do to get my drivers License back? I am in Calif.

    Robert’s Answer

    I would file an OSC with the Court asking for a reasonable payment plan and requesting practical orders regarding support compliance. In my experience, the Courts don't want the payor to be prevented from working because that does nobody any good.

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  • My husband and I are going through a divorce.

    His attorney filed a petition to terminate the court's jurisdiction to award me spousal support before my attorney was able to file my motion for spousal support. How does this affect my case? Does he have an advantage by doing this?

    Robert’s Answer

    Your post does not contain many facts. Is your case pre judgment or post judgment? If pre judgment, then his filing probably does not give him an advantage. If post judgment, what are the terms of the judgment? Does it place an affirmative burden on either of you to file or is it silent? Is there a step down order? You need to give more facts or better yet consult with a family law specialist in your area.

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  • What should I do

    Me and my ex husband have one week on and one week off child custody. My daughter is a 10 years old actress. She has passion for acting. In her dad's week, he refused to take her to her casting calls and cancelled her film which she supposed be in...

    Robert’s Answer

    You could file an Order To Show Cause for modification of the custody orders and seek sole legal custody of your daughter over the issues relating to her acting. In connection with that request, I would request minor's counsel be appointed to convey your child's preferences and advocate on her behalf.

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