Christina Marie Sherman’s Answers

Christina Marie Sherman

San Rafael Divorce / Separation Lawyer.

Contributor Level 8
  1. How quickly can I appeal a judge's ruling with a lawyer?

    Answered over 1 year ago.

    1. Christina Marie Sherman
    2. Cameron Todd Norris
    3. Robert Pecco Baker
    3 lawyer answers

    There is a very wise judge in Los Angeles County who encourages lawyers to follow this basic advice - "know when to hold 'em, know when to fold 'em and know when to run." Your child with this woman is still young. Your chances of being in front of this judge again and again are high. Is it correct to assume child support was also in the order? Even if the judge didn't get it right, it doesn't sound like you have an appealable issue based on the information you provided. Did the judge give...

    5 lawyers agreed with this answer

  2. Travel abroad to visit my family with the baby

    Answered almost 2 years ago.

    1. Christina Marie Sherman
    2. Navid Abraham Natanian
    3. Vincent Barney Garcia
    3 lawyer answers

    First, I have to say that 1 - 2 months is quite a while for your child's age. Your husband has a right to bond with the baby too. I would reconsider the length of your visit. Second, it would be helpful if the country you are traveling to is a member of The Hague Convention. Third, You have already stated that you do not have strong ties to California as all of your family lives in Europe, and the court will likely see this as a risk of abduction. To ease the court's mind, be...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can I win ownership of the house, in a divorce if he was not honest about his sexuality?

    Answered almost 2 years ago.

    1. Christina Marie Sherman
    2. Michael Raymond Daymude
    3. Howard M Lewis
    4. Richard Melone Bryan
    4 lawyer answers

    California is a no-fault state. This means that a court will not consider extra-marital affairs or sexuality when dividing property. I advise you to focus your attention (and the court's) on the law. Under the Family Code, there are a number of ways you can "win" the house. Yours is a complicated question, and this a simplistic answer. I would highly advise you to consult with an attorney. It is important to know when you bought the house, and how the mortgage was paid. If you...

    4 lawyers agreed with this answer

  4. Along with spousal support how long will I have insurance thru husband?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Christina Marie Sherman
    3. Cathleen Elisabeth Norton
    3 lawyer answers

    I agree with the previous attorney. Just curious if you have explored legal separation? Legal separation requires division of property just like dissolution, but would allow you to stay on your husbands's health insurance since you are still married. There are also some downsides to legal separation, for example, neither of you can get remarried. It would be worth the investment to discuss your options with a family law attorney in your area.

    3 lawyers agreed with this answer

  5. Can i request a new mediator and court date for more custody and modifacation on child support?

    Answered almost 2 years ago.

    1. Christina Marie Sherman
    2. Naomi T Stal
    3. James Louis Miller
    4. Michael John Harrington
    4 lawyer answers

    I like to ask clients what their ten year plan is. How old are your children? What role do you see in their life, ten years from now? Twenty years from now? If you want to be a part of their lives years from now, and part of some happy memories in the in between, then I would encourage you to slowly win back the trust of the your kids and the court today. Start by compliance with court orders. After you have complied with orders for a period of time, and you've shown yourself to be...

    3 lawyers agreed with this answer

  6. Additional Forms for MC 031 response declaration...Can I use additional forms for a long response?

    Answered almost 2 years ago.

    1. Christina Marie Sherman
    2. Naomi T Stal
    3. Alexandra Rachel Lavinsky
    3 lawyer answers

    When you say, "long response" - how long do you mean? The forms you mention are not mandatory, you are allowed to use pleading paper, but I would caution you to be concise. Most judges will not read anything over 5 pages. While your local rules may allow for a longer declaration, you want to keep the judge's attention by keeping your declaration concise and as brief as possible.

    Selected as best answer

  7. How to calculate extra coverage time? By counting extra hours or by extra overnights?

    Answered over 1 year ago.

    1. Christina Marie Sherman
    2. Michelle J. Cameron-Hunsaker
    2 lawyer answers

    I agree with the other attorney. If you need a way to explain it to him, you can tell him that many parents have no overnights at all, but still recieve or pay child support.

    Selected as best answer

  8. How to I enforce a court judgment for child support with out an attorney?

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Christina Marie Sherman
    2 lawyer answers

    I agree with the previous attorney. Open a case with DCSS. They are the "super enforcers" and although it may take them 3 - 6 months to open a case, they will be there to help enforce support until your child turns 18 or graduates high school.

    2 lawyers agreed with this answer

  9. In the distribution of property in a divorce, is a monetary gift from in-laws considered community property?

    Answered over 1 year ago.

    1. Christina Marie Sherman
    2. Curt Perri Bogen
    3. Donald Frederick Conviser
    3 lawyer answers

    Normally a gift is considered to be separate property. However, if your in-laws intended the money to be a gift to you and your wife, then it would be community property. Ideally, to show their intent, you'd have a card reading, "to our darling daughter and wonderful son-in-law, enclosed please find a check for $75k, we are giving you this money to help build your future." It doesn't sound like you have a card, or anything in writing, so proving their intent will not be easy. The counsel...

    2 lawyers agreed with this answer

  10. What does a contested divorce mean?

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Christina Marie Sherman
    3. Matthew Michael Loker
    3 lawyer answers

    As Attorney Convisor explained, this would make your divorce contested. It seems as though you two are actually not that far apart. Perhaps the one contested issue you have (support) could be resolved simply by agreeing to "guideline" support, and then getting a DissoMaster or SupportTax calculation of to determine what guideline is. It is more likely than not a judge would go with guideline anyhow, so it makes sence just to agree to guideline, then determine the guideline value. The...

    2 lawyers agreed with this answer