Michael Charles Schwerin’s Answers

Michael Charles Schwerin

San Jose Divorce / Separation Lawyer.

Contributor Level 17
  1. What happens if you think you were served in a shorter period than allowed in family law

    Answered about 2 years ago.

    1. Michael Charles Schwerin
    2. Linda D Roberts-Ross
    3. James Louis Miller
    4. Craig Scott Pedersen
    4 lawyer answers

    Family courts are very liberal and usually nothing happens. They are very lenient with people who represent themselves and someone who misses by a day or two will not be dinged. The rules are there but family court judges don't seem to follow them to the letter. Also, it may be filed and just did not hit the online system yet. Some filing clerks are faster than others with putting filings online.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How can I get access to the monthly bank statements of the other party during the divorce process?

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Donald Frederick Conviser
    3. John Noah Kitta
    4. Joseph Torri
    5. Richard Eric Anthony Dwyer
    5 lawyer answers

    You can do a Request for Production of Documents. You may need the help of an attorney to do this as it is not a form. Or, go to the Santa Clara County Law Library in downtown San Jose and look it up. There are a number of technicalities to deal with.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I'm going though divorce and she asking for my workers comp injury settlement, is she entitled to half of the sellement?????

    Answered 9 months ago.

    1. Michael Charles Schwerin
    2. Wail Sarieh
    3. Steven Curtis Gnau
    4. Brett A. Borah
    5. George Ellis Corson IV
    6. ···
    9 lawyer answers

    It depends. If the settlement is designated as compensation for your income during marriage, and income during marriage is community property, then she is entitled to some of it. If it is for future lost income or pain and suffering, then probably not. You would need to have your settlement examined by an experienced family law attorney to give you a more concrete answer.

    10 lawyers agreed with this answer

  4. Am I divorced now even if a notice of entry of judgment is filed with a status ending date of 2/1/14?

    Answered 5 months ago.

    1. Michael Charles Schwerin
    2. Gregory Paul Benton
    3. Wail Sarieh
    4. Richard Forrest Gould-Saltman
    4 lawyer answers

    It means you are not free to remarry until 2/1/14 or after. Your divorce has been entered but the 6 month waiting period has not passed yet. You are divorced for all purposes other than to remarry. I would talk to a tax person because you will also have to be sure to file taxes using the correct status.

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  5. Lawyer in divorce has vacated office and left no contact info......what is the recourse, divorce still not settled

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Michael Charles Doland
    3. Atousa Saei
    4. John Noah Kitta
    4 lawyer answers

    Hire a new attorney to figure it out and finish up the case. That attorney can assess whether or not advise him or her to either report the other attorney to the bar or sue her or both (or neither if there is a reasonable explanation).

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  6. If I leave my husband am I still entitled to half of everything we accumulated over the marriage?

    Answered over 1 year ago.

    1. Michael Charles Schwerin
    2. Daniel Seth Williams
    3. Rebekah Ryan Main
    4. Michael John Apicella
    5. Manuel Alzamora Juarez
    5 lawyer answers

    Your first step should be to have a face to face consultation with an experienced family law attorney as soon as possible. There are a lot of issues for you to educate yourself about and you need to go into this fully informed of what you are about to do.

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  7. Can I keep my health insurance after the divorce us final

    Answered 5 months ago.

    1. Michael Charles Schwerin
    2. Lee Alan Thompson
    3. Gregory Paul Benton
    4. Michael Raymond Norton
    5. Christian K. Lassen II
    5 lawyer answers

    Generally you cannot keep your health insurance for very long after your divorce is final if it is from your spouses employer. You can keep it for up to 18 months through COBRA (a federal law allowing you to remain covered for that long) but you will be responsible for the premiums and generally the premiums are a lot higher under COBRA. The company is not required to pay any part of your premium. You may be better off seeing what is available under Covered California.

    9 lawyers agreed with this answer

  8. If my spouse decided to get an attorney how far in advance prior to court must I be notified?

    Answered 7 months ago.

    1. Michael Charles Schwerin
    2. Scheherazade B Rastegar-Djavahery
    3. Dean George Tsourakis
    3 lawyer answers

    There is no set time for this to happen. He can hire an attorney the day of the hearing if he wants to. What he does should be of no concern to you. If you think you need an attorney, get one. Don't wait to see what he does. if you do not understand the process or the issues or everything involved, hire an attorney. Make sure it is done right. Make sure you are informed of what is happening or what could happen. This is your future.

    9 lawyers agreed with this answer

  9. How do i get my husband commit responsibility for half our kids college tuition ?

    Answered 7 months ago.

    1. Michael Charles Schwerin
    2. Myra Chack Fleischer
    3. Dean George Tsourakis
    4. John Vincent Montero
    4 lawyer answers

    There is nothing you can do. The law does not require he pay those expenses. It is entirely voluntary on his part, once your child is 18, to provide any support at all. Some parents do, some don't. The court does not have the power or authority to order those expenses paid.

    9 lawyers agreed with this answer

  10. Substituting family law lawyers

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Rhonda Diane Ellifritz
    3. Robert Brett Burch
    4. Michael Charles Doland
    5. Richard Alan Dinnebier
    6. ···
    6 lawyer answers

    Changing lawyers happens a lot, for good reasons and for bad reasons. The courts generally don't care who is your lawyer. However, inferences can be drawn if you substitute a cheap lawyer for an expensive one (money is tight). Or a good lawyer for a bad one (getting smarter). Or any other number of things. You can never go wrong bringing in a good lawyer with a good reputation.

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