Kenneth Thomas Demmerle’s Answers

Kenneth Thomas Demmerle

Tustin Divorce / Separation Lawyer.

Contributor Level 3
  1. I have never had any type of custody or child support agreement through the courts for 15 years

    Answered about 2 years ago.

    1. Kenneth Thomas Demmerle
    2. Nadine Marie Jett
    3. Michael Charles Schwerin
    4. Rhonda Diane Ellifritz
    4 lawyer answers

    Just because she is asking for sole custody does not mean that the court will order it. It sounds like you have been an active father and involved in your childrens lives. Assuming no other facts, the court should order that your contact with your daughter continues on the same schedule you have been following. For the court to order anything other than joint legal custody, your ex will essentially have to show that you have a poor track record of decision making for the children. As...

    Selected as best answer

  2. How does infidelity affect child custody in divorce?

    Answered over 1 year ago.

    1. Dianne Drew Butler
    2. Kenneth Thomas Demmerle
    3. Natasha Kamdar Buchanan
    3 lawyer answers

    California is referred to as a “no fault” state with respect to divorces. In other words, generally speaking, judges do not want to hear testimony concerning infidelity. However, with respect to custody, courts are sensitive to introducing and involving children with a new boyfriend or girlfriend too soon after a party separates from a child’s other parent. Furthermore, if someone going through a divorce is spending significant time with a third party at the expense of spending time with...

    3 lawyers agreed with this answer

  3. In a California divorce are the asset values for Fl-160 based on the asset values as of the date of the separation?

    Answered over 1 year ago.

    1. Kenneth Thomas Demmerle
    2. John Naumovski
    2 lawyer answers

    California Family Code Section 2552 generally requires that for purposes of dividing community property that assets and debts be valued "as near as practicable to the time of trial". If you are settling a case this usually amounts to as close as possible to the date the case is settled. There are a few exceptions to this rule, pursuant to which a court upon the filing of a proper motion would allow an alternative valuation date. As an example, if there is a community business in which...

    2 lawyers agreed with this answer

  4. How do i file for a annullment?

    Answered about 2 years ago.

    1. Pamela Koslyn
    2. Kenneth Thomas Demmerle
    3. Richard Forrest Gould-Saltman
    3 lawyer answers

    It is relatively easy to file for an anullment. However, getting a court to annul a marriage can be tricky even if it is a very short marriage. Without more details a husband and wife having "differences" is not enough. Essentially for an anullment a party has to show that the marriage was incestuous or bigamous, that a party was too young to marry, was married to another person at the time of the marriage in question, was of unsound mind, did not have the capacity to understand that...

    1 lawyer agreed with this answer

  5. When determining spousal support, will the fact that my wife works part time be addressed?will the amount i pay be determined

    Answered over 1 year ago.

    1. Richard Forrest Gould-Saltman
    2. Kenneth Thomas Demmerle
    2 lawyer answers

    This can be a complicated issue. My first question is at what point are you in the case procedurally? Generally speaking, if the issue of support is before the court prior to trial or for "temporary" support, most judges will not consider imputing a full time income to someone that works part time. Rather, support will most likely be based on your wife's actual part time earnings. However, if a court is determining support at trial or thereafter in a modification proceeding, the fact...

  6. What financial paperwork (bills) do I need to retain & for how far back, in order to receive a fair divorce settlement?

    Answered over 1 year ago.

    1. Dianne Drew Butler
    2. Kenneth Thomas Demmerle
    2 lawyer answers

    Broadly speaking, in divorce, there are essentially four (4) potential financial issues: 1) Child support, 2) Spousal support, 3) Division of property, 4) Attorney’s fees. In order to initially evaluate issues concerning you and your spouse’s income as it relates to child support, spousal support and the potential for one party to pay for or reimburse the other for attorney’s fees, it is a good idea to bring your last 1 to 3 years’ of income tax returns. As to the division...

  7. Daughter engaged to older wealthy man requiring a prenuptial agreement

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Kaye P Willi
    3. Pamela Janet Ross
    4. Kenneth Thomas Demmerle
    4 lawyer answers

    You should absolutely have an attorney review the agreement and advise your daughter. I am certain she is not being benefited by the agreement and she needs to understand the potentially significant financial rights she is giving up by signing it. I have never recommended that someone in your daughter's situation sign this type of agreement. At a minimum, she needs to be understand what she is signing. Generally life insurance provisions in a premarital agreement only apply as long as...

  8. Should my ex- husband have a seperate bed and room for my 9 year old son?

    Answered about 2 years ago.

    1. Rebekah Ryan Main
    2. Michael Charles Schwerin
    3. Kenneth Thomas Demmerle
    3 lawyer answers

    In a perfect world with sufficient income or assets your ex-husband would provide a separate room for your son. If he cannot afford it, I think most judges would not insist on it. A separate bed for a 9 year old is another issue. I think most psychologists and hence most judges would agree that it is best for a chlld of that age to not regularly sleep in the same bed as their father. I have seen a number of cases in which the court has conditioned a parent's custodial time on providing...

  9. In California will they drop a protective order if a protected person served the papers?

    Answered about 2 years ago.

    1. Rebekah Ryan Main
    2. Kevin Samuel Sullivan
    3. Kenneth Thomas Demmerle
    3 lawyer answers

    While it is possible that the court will dismiss the matter for defective service, if the allegations of domestic violence have any substance most judges will continue the matter to permit the petitoner to effectuate proper service.

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