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  • Avatar User asked:
    I have 2 -2 part questions: Wanting to file for divorce after 25 years of marriage. Husband and I bought and have lived in our current home for 18 years. The house has doubled in value since the purchase. Information I have says we will have to split the profits from the sale of the home 50/50. If affordable, one spouse can buy out the others 50%. Question #1 is: can I find a private investor and get a private loan to buy out my husband? Or will he have a say in this regard? Question #2: Will my 2 teenagers, age 15 & 17 have a choice with what parent they want to live with? OR will custody have to be split?
    • Arlene D. Kock Arlene D. Kock replied:
      The questions that you are asking here are very important and should not be addressed on an open forum to protect your confidentiality . I would strongly urge you to meet with an experienced family law attorney in a free consultation to discuss your options. I offer that service in my San Ramon office. If you would like to schedule an appointment, contact my staff 925-743-8666
  • Avatar User asked:
    I have been married for almost seven years to a younger man who keeps promising to get a job but he never does. He has three children, all of whom live with us and I pay all the bills and I am a schoolteacher. So we don't live in a big house or anything, just a small rental. My husband is abusive and doesn't go get a job. I want to separate from him/divorce. Am I going to have to pay this guy alimony? I know it may not be an easy answer. is there any way I can get out of this marriage and not pay him? It seems really unfair that after I have paid the bills for all this time and I never wanted to do it alone, that I would have to continue to pay his bills.
    • Arlene D. Kock Arlene D. Kock replied:
      Specific answers to your questions would be best served by meeting with an experienced family law attorney in a confidential setting. I provide this service at no cost in my San Ramon CA Office . If you are interested I can schedule a time for us to meet. My office number is 925-743-8666.
  • Avatar User asked:
    If you have a prenup agreement (3 months old) and want to file for an Annulment because one party has changed their mind about having a child, is the prenup terms regarding paying the other spouse in case of divorce, still in effect, or does the Annulment void that? Eric
    • Arlene D. Kock Arlene D. Kock replied:
      Much more information is required to understand the surrounding circumstances on creating the prenuptial agreement. It’s very important for you to meet with an experienced family law attorney and review the prenuptial agreement and your circumstances to get the right answers.
  • Avatar User asked:
    I am not sure how to best approach a difficult situation. Have been in a relationship for 5+ years. Met a woman who was a nurse while I was a medical resident. She had 2 children from previous marriage. Upon divorce she gave 51% custody to father who is wealthy. She left the divorce with deed to an apartment worth well over 800K in a nice area in Brooklyn (which in itself is a complicated situation in court, which I have been funding) We always had a mutual understanding that we would return to California and she would come with me. I had a job offer after completing fellowship leading a move to California while my daughter was 9 months. For the last year, I have arranged air travel and have had my partner and my daughter live in my residence for 50% of the year. For a large portion of summer, the mother and all 3 children lived in California. During the school year, averaged about 3 weeks a month that the mother and my daughter where in California during the time the mother did not have her obligations to her other children in New York. I have been funding a court case for over a year now for the mother to have custody of her children to move to California. I was always fighting with her during her divorce settlement not to agree to those terms with the understanding of our goal at that time to leave to California. The case is going poorly, and now she is no long unwilling to travel to California with my daughter as initially verbally agreed upon. Our relationship is entering a volatile state and I am not sure how to proceed. I have a significant increase in annual income since I met her. But I have significant medical school debt 400K. I have continued to pay for her ability to live in the apartment she is living in which is about to go into Foreclosure. I do not believe my partner has the ability to reasonably care for all three children based on her lack of social and financial support. I am now reaching a point where I will be spending less time with my daughter. I feel that I need to made arrangements to secure some level of guardianship. We have a New York domestic partnership certificate. I have used that to support her since being in California with my jobs benefits. Overall ugly situation, no easy solution, hoping for some guidance.
    • Arlene D. Kock Arlene D. Kock replied:
      You were correct in stating that your situation is very complicated. If I understand correctly, your daughter has lived for periods of time with you in California. More information is needed on your present circumstances and if it would be appropriate to file for a paternity action in California requesting that you have custody of your daughter in this jurisdiction. As to the other children your partner has from another relationship, if they’ve been primarily living on the East Coast, where they reside would be the appropriate jurisdiction to pursue any legal action. You should meet with an experienced family law attorney in that jurisdiction to discuss your relationship to those children in any legal rights that you may wish to assert. Please also consult with an experienced CA family law attorney as it pertains to your daughter and custody in order to explore your legal options. If you reside in Northern California, I would be more than happy to meet with you in a free initial consultation. My office is located in San Ramon. The office number is 925-743-8666
    • Arlene D. Kock Arlene D. Kock replied:
      It’s not possible for me to provide an answer to your present situation because it sounds like the case is being held outside of California’s jurisdiction. The standards for the move away from the present jurisdiction to California is controlled by the courts were the case is presently pending.

Legal Network 2016
Legal Network 2016 Arlene D. Kock

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