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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1029
Experience:  Experienced, and knowledgeable family law attorney.
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My wife and I are getting divorce. It is a friendly divorce

Customer Question

My wife and I are getting divorce. It is a friendly divorce (we speak on a regular basis) and were only married for 2.5 years - then seperated the last 8 months, living apart. I am in a complex business/patent case I won't get into, but am on the good side, but the way things are going with the Judge (who should not be on a bench any longer) and high wealth invidivuals on the other side - who knows what is to come. I have a hearing coming this week and want to ensure that the divorce proceeds or whatever is the easiest to file in a short, short time that seperates our debts. i.e. so whatever happens in my case, I am the sole party and they can't go after my wife (and we have a 2 yr old daughter and don't want her life affected by any related stress).

So in the state of CA - what will protect her from any judgements, prove-ups, etc, etc, that we can file, have a notary date and file with the court for a stamp monday. -- Legal Seperation? Uncontested Divorce? we have no issues as to any assets, etc and are in sync on our daughter. Basically, we are good friends who just realize we are just better not married. As simple and easy as it gets - and married in Nov 2009 and seperated (not legally) but I left the residence in March 2012.

So I need to know for the time beginning (things can be more detailed later if need be) but what forms in CA we need to have an notary for and file in Santa Monica that will potect her from any outcomes in the lawsuit brought against me (that will likely end up in every law school as a travesty of justice, everything from due process was ignored, you name. Basically I invented technology, my lawyer at GTLAW said lets start a company, violated multiple rules of professional conduct and then sued me and my 2 other inventors for nothing really, only in hopes of dissolution of the company to get the patents or some of them.

So in summary:

1. what is the simpliest document(s) type of seperation or divorce papers can can file that will immediately not make my wife responsible for any debts - i.e. judgements in a court case, leaving them all on my shoulders.

2. What forms in CA/Los Angeles County are required and aside from a notary and getting it filed with a clerk in Santa Monica as receieved and on file to ensure #1.

3. As noted, in an upside down case to levels that makes all lawyers sick - corrupt judge to GTLAW using all their horsepower to cover up what they did and still trying to steal my patents.. so no idea what kind of results to expect but am in appeals court, have a hearing this week for prove-ups, etc... and want to ensure that I solely take these debts and my wife doesn't who is careing for our daughter at the moment (2.5 years old).

4. Right now, that is all that matters. We both trust each other, we never even shared bank accounts or assets. Her's are in a trust. Custody issues are not an issue, there are no marital issues, less we just know we aren't right for each other, great friends, but not great husband and wife. No one is upset or angry. But I want her protected, I'll deal with the courts, but don't want her even getting a phone call.

thank you,

damon
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.
Thank you for the opportunity to assist you! If you find my response helpful, please rate it positively so that I can receive credit for my work.

Q) What is the simplest document(s) type of separation or divorce papers can can file that will immediately not make my wife responsible for any debts - i.e. judgments in a court case, leaving them all on my shoulders. What forms in CA/Los Angeles County are required and aside from a notary and getting it filed with a clerk in Santa Monica as received and on file to ensure #1?

At the time of divorce, property and debt in a marriage first have to be classified as community property (i.e. marital property) or separate property. Community property is generally property acquired during the marriage; separate property is that which you or she acquired before the marriage or during the marriage by devise or gift.

If you acquired this business or patent which is the subject of the lawsuit DURING the marriage, any debt that results from the lawsuit MIGHT be considered marital debt. If that's the case, she could be legally responsible for some of it. If you already had this business or patent which is the subject of the lawsuit BEFORE the marriage, any debt that results from the lawsuit is probably considered separate property, i.e. yours alone, anyway. If it is separate debt, and yours alone, then she cannot be legally responsible for it.

Caution: the paragraph above is a VERY simplistic explanation for a very complex area of the law. This page should provide you with some insight, if you've not seen it already. The best way to determine exactly how this debt would be categorized would be to consult an attorney in California.

Any divorce will need a property settlement agreement or order. Since your divorce is amicable, and you wish to be solely responsible for any debt that may result from the patent case, you need to clearly state on the property settlement or order that YOU alone, and not your (soon to be ex) wife, are responsible for any debt resulting from the patent lawsuit. You can likely find the appropriate form for a property settlement agreement on this page.

I wish you the very best with this case! Good luck!
Shuband
Customer: replied 1 year ago.
Thanks for the reply.

So if the lawsuit was filed 5 months before our marriage
then from my understanding it shouldn't be a shared
marital asset at all then? It's a civil case filed by my former
lawyer at gtlaw. Brought in a long term client with the game plan
of dissolution to steal the technology. This case is so egregious it'll
likely become case study in law schools. Already headed to the law journal.

So if we file with the clerk Monday a notary stamped copy of Fl-100 (uncontested) this the divorce is now in process - will that provide the protection of her I'm looking for? As a divorce can take many roads going forward. Couple that with the lawsuit and business starting before our marriage... The litigation has just dragged on like it always does into put marriage. So the lawsuit, company and assets were that of mine and my 2 technology partners. Business in the law suit went from July 2008 to march 2009 and was previously part of another company. All the patents in the sale schedule were issued in 2006 or before.

We married in November 2009, 5 months later. (From them cratering the company and filing a nonsense complaint in. July 2009. So there is no community property in this regard?

So that coupled.with an uncontested divorce filing should simply add a further layer of protection? As a sage guard. Btw, we have been separated but not legally since march 2012, living in separate residences

Thanks
Damon
Expert:  S. Huband, Esq. replied 1 year ago.
Thanks for the update.

Q) So if the lawsuit was filed 5 months before our marriage then from my understanding it shouldn't be a shared marital asset at all then?

It sounds like that's the case. Since California is a communal property state, it is unlikely that the patent or other intellectual property you had before your marriage would have transformed into marital property during the course of the marriage, absent some sort of express agreement between you and your wife. Thus, I doubt you have anything to worry about in this regard (her getting stuck with issues related to the patent litigation.)

Q) So if we file with the clerk Monday a notary stamped copy of Fl-100 (uncontested) this the divorce is now in process - will that provide the protection of her I'm looking for?

On form FL-100 it goes on line 4, or you can place it on form FL-160, which is the "property declaration" form. Simply list the patent or intellectual property which is the subject of the lawsuit as your separate property. (Just to be clear; when we say marital or separate property, we also mean debt too.)

Declaring it as separate property should make it clear it was YOUR property from day one, notwithstanding any marriage issues. This should keep your soon to be ex in the clear in terms of responsibility for the results of the lawsuit.

If I've answered your questions, please take a moment to click accept or rate my answers positively. Thank you for the opportunity to assist you.

Shuband
Customer: replied 1 year ago.
Last reply,

Doesn't need much of an answer.

1. Patents in question I am not an inventor in, they were part of my branching out, getting into hardware. Affected what they did and the markets for them, but the patent inventors are my partners. There are other patents with my name as inventor (assigned to other parties for reasons beyond the scope of this oddly limited enagement. I.e. of no importance.

2. We filed all the paper work - which included a form no referenced in our discussion (don't worry that wont affect the huge $45) lol. But does the wife need to file the document (fl20?) - going off memory.... If we filed fl105... I.e proof of service? As she was present and the clerk did not require it, along with one other form not referenced in our discussions? She is not contesting, so I am thinking not, less for her records??

3. What is you bar #? When all is said a d done, trust me, you'll want to see how the largest travesty of the justice system played out - which is in appeals and we are only at the prove up stage.... Still in discovery "technically" In the end we will win but shows how's perverted a huge firm (prior clients to on multiple engagements) - the FBI, DOJ, etc (all on ourside, as the patents dramatically effect national security... Likely to be in the news as well. At which point, you will likely laught thinking this guy asked me a randomly easy question on "family law" lol...

4. Lastly, I am assuming these letters equate into mini, i.e 30 minute enagements or at least the duty of loyalty and professional rules of conduct are in place should any (and very very very) random case/situation you be contacted by any party.

Best,
Damon
Expert:  S. Huband, Esq. replied 1 year ago.
I'd be happy to answer your final questions, and I'm glad to be of service to you thus far.

However, I am compelled to point out that I've answered two separate sets of questions for you already, and you have yet to click accept or rate positively any of the answers I've provided. Clicking accept or rating positively will NOT cost you any additional fee beyond what you've already pledged to the website. The only thing that accomplishes is that I receive credit for my work. Otherwise, you are paying the website and I receive absolutely NOTHING in terms of credit for my own work. Thank you for your prompt attention to this matter.

Q) But does the wife need to file the document FL-120?
No. That form is an answer and counter claim. If she's satisfied with everything you have done and asked for, and she accepted service of your complaint for divorce, she's not required to answer.

Q) What is you bar #?
I cannot give out that sort of information on this website, I'm sorry. If you want to share additional information with me about your patent case, you can respond in this thread, open a new thread, or PM (private message) me on the site here.

Q) Lastly, I am assuming these letters equate into mini, i.e 30 minute engagements or at least the duty of loyalty and professional rules of conduct are in place should any (and very very very) random case/situation you be contacted by any party.

No, the legal threads all quite clearly disclaim that this is a public forum and thus no attorney client privilege exists. Besides, like all legal experts on this site, I am only providing basic guidance about legal issues and not legal advice per se, which is the touchstone of the attorney client relationship.

I had another customer ask this sort of question a few months ago: "How do I know you won't share this information with someone else?" The bottom line is that I do not know who you are, where you're at, any of your personal information, contact information, etc. I do not have access to any of that information; the website is located in California, and I "telecommute" from Virginia.

I'm guessing you're in California, as you've asked about CA divorce issues, and you've provided a name "Damon", but that's about it regarding what I know about you! The odds of someone asking me a question about you or your personal situation are infinitesimally low, anyway.

Thanks again for the opportunity to assist you. Take care,
Shuband
Expert:  S. Huband, Esq. replied 1 year ago.
Hello again,

It appears that you last viewed my most recent response on 12/2/12 at 7:11 P.M. If you are satisfied with my work, please take a brief moment to click "accept" and/or rate my answer(s) positively so that I can receive credit for my work. Doing so does NOT cost you anything beyond what you've already pledged to pay the website.

Thank you for your consideration, and I hope to be able to help you again in the future.

Shuband

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