Bernadette Maxine Marcy’s Answers

Bernadette Maxine Marcy

Newport Beach Family Law Attorney.

Contributor Level 10
  1. My husband filed for divorce and I responded. It has been around a month and I haven't recieved a Declaration of Disclosure.

    Answered almost 4 years ago.

    1. Bernadette Maxine Marcy
    2. Donald Frederick Conviser
    2 lawyer answers

    Both parties are required by law to complete their disclosures. If he has not complied, you can serve a DEMAND FOR SERVICE OF PRELIMINARY DECLARATION OF DISCLOSURE, PURSUANT TO FAMILY CODE SECTION § 2107, which will give him 30 days to provide the forms and if he does not you can proceed with a motion to compel and ask for sanctions, an attorney can prepare this for you. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact...

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  2. Working out Divorce and Custody

    Answered about 3 years ago.

    1. Diana Lucia Martinez
    2. Bernadette Maxine Marcy
    3. Donald Frederick Conviser
    3 lawyer answers

    Yes, you always have the opportunity to speak to your husband to attempt a resolution of your issues even if he is represented and you are represented as well, in fact it is encourages by the courts that the parties attempt to work out their issues to prevent having to fight it out in court. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible...

    1 lawyer agreed with this answer

  3. Would my estranged husband owe me anything for an account he had and funded from joint checking accounts?

    Answered almost 4 years ago.

    1. Hong Shen
    2. Bernadette Maxine Marcy
    3. Donald Frederick Conviser
    3 lawyer answers

    You should obtain copies of all the bank statements from all accounts either by asking for them or serving a subpoenae to obtain so you have better information. Depending on what the funds were used for from the join bank accounts, he may have to reimburse you for one-half of what he took, an attorney can assist you in determining what funds are separate and which funds are community property subject to division. Disclaimer: This answer does not constitute legal advice, and should not be...

    2 people marked this answer as helpful

  4. My dad split from his wife 20 years ago never filed divorce but did she? he doesnt know if he is still married wants to know.how

    Answered almost 4 years ago.

    1. Bernadette Maxine Marcy
    2. Christopher Craig Happ
    3. Nadine Marie Jett
    4. Richard Forrest Gould-Saltman
    4 lawyer answers

    He may not be divorced. If there was a legal separation only, you cannot remarry. Is there anyway he can contact his ex-wife and ask her, otherwise, he would need to file for dissolution of marriage. If ex-wife had filed, your dad would have been served with a Petition and Summons for dissolution. He would now file in the county he resides, pay the filing fee, serve ex-wife with the papers, fill out the necessary paperwork to proceed, and either reach written agreement with ex-wife or default...

    1 lawyer agreed with this answer

  5. What are my rights as a non-custodial parent in temporary custody?

    Answered almost 4 years ago.

    1. Nadine Marie Jett
    2. Bernadette Maxine Marcy
    2 lawyer answers

    It is difficult to try to co-parent with a parent who does not abide by court orders or encourage the mother-child relationship, however, you should not be denied time to speak or visit with your son even if your son is living with the father at this time. You need to keep track of every time the father has either denied you visitation or ignored your calls to the child. When back in court, you should ask the court for specific orders regarding a schedule for you to call your son. Also, if you...

    1 lawyer agreed with this answer

  6. Geeting divorce soon

    Answered over 4 years ago.

    1. Steven Alan Fink
    2. Bernadette Maxine Marcy
    2 lawyer answers

    You have many options. If you and your ex can enter into written agreements regarding custody/visitation, child support, spousal support and division of property you can proceed with an uncontested dissolution, which will require as little court as possible and mostly paperwork. However, if you and your ex cannot agree on most or all of your issues your divorce will be contested and you will need to file for a hearing with the court to receive temporary orders for spousal and/or child support...

    1 lawyer agreed with this answer

  7. My parents are separated. Can my mother receive any retirement benefits from my father's retirement?

    Answered almost 5 years ago.

    1. Bernadette Maxine Marcy
    2. John F Cannon
    2 lawyer answers

    Retirement benefits are property that is acquired over a period of time. The work done to earn them is performed between the date of marriage and the date of separation, the benefits are community property. However, the work performed before the date of marriage and after the date of separation is separate property of the earner spouse. There are ways to calculate your mom's interest but it depends on the plan. In addition, it would need to be determined when your parents actually separated (...

    1 lawyer agreed with this answer

  8. Can a father get full custody of a daughter if the mother doesnt show focus to the daughters education

    Answered almost 4 years ago.

    1. Bernadette Maxine Marcy
    2. Gerald Anthony Maggio
    2 lawyer answers

    There aren't enough facts to address your question, education is of course important for the child, however to warrant a change in custody may depend on what the mother is doing or not doing for the child, if mother has failed to take the child to school and the child let’s say has numerous absences that is cause for concern and may warrant a change. However, based on the minimal facts, I cannot guarantee full custody if mom "doesn’t focus on daughter's education.” There would need to be a...

    1 person marked this answer as helpful

  9. Communicating With Spouse's Divorce Attorney

    Answered almost 4 years ago.

    1. Pamela Koslyn
    2. Gerald Anthony Maggio
    3. Bernadette Maxine Marcy
    3 lawyer answers

    Call the attorney and ask for a substitution of attorney. You should contact the attorney reagrding the MSA, it will cost more to fight it out in court if you two are able to reach an agreement in this matter, it will also save time and help you avoid possibly paying their attorney fees if you are the higher earner. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary....

    1 person marked this answer as helpful

  10. Opposing atty hasn't signed findings and order after hearing for child support and spousal support...my atty is waiting.

    Answered almost 4 years ago.

    1. Bernadette Maxine Marcy
    1 lawyer answer

    You are represented by counsel, depending on the rules in your county; your attorney may submit the order without the other party's signature; however this is subject to the local court rules which regulate the submission of an order to the court. Please note that these deadlines can be extended if the other party objects in a timely manner to the contents of the order for which they do not agree, if this is the case, the best idea is to obtain the court transcript or minute order to compare...

    1 person marked this answer as helpful