Category: Family Law

5 REASONS WHY YOU SHOULD FIRE YOUR LAWYER

1. NON-RESPONSIVE You should expect your lawyer to respond within 24 to 48 business hours to your inquiries. If you don't get a response, this is a red flag. Some clients have complained to me about not getting a response from their lawyer despite leaving a voicemail, email, or text/call for up to a week or longer.

Process and Requirements of Divorce

Six Months Residence… One spouse, petitioner or respondent, has to be a resident of the state of California for at least six consecutive months before filing for divorce. The spouse must also have lived for three consecutive months in the applicable county. For example, If someone is traveling for a year and works in a different country or state, that interrupts the six months period.

Should Parents Stay Together for the Sake of Their Children?

The foundation for this article is based on the belief that life should be joyful and to encourage couple’s personal happiness while being a role model for their children. Way too many clients tell me that their marriage has been over for many years before coming to my office. When these clients come to my office, they are usually impatient and want to be divorced yesterday.

Spousal Support

Spousal support is based on the length of the marriage. For example, if the couple was married less than 10 years then the spousal support length is considered based on the length of marriage. So, less than 10 years is considered a short-term marriage and more than 10 years is a long-term marriage.

What is the Effect of Terminating Marital Status?

When parties are going through divorce there is a misconception that after six months and one day their marital status is terminated without doing anything on their part after filing for divorce. However, this conception is not true because the six months and one day starts from the time that the entire divorce package, has been served on the other side. he proof of service and the full divorce package must also be filed with the court in order for the six months and one day rule to begin accruing.

What’s Claim?

‘What's claim’ is based on the What's case from 1985 by California Court Of Appeal and says that the husband in the above example may be reimbursed. Assuming the husband had been paying the mortgage from community property money and that the two had been married for 20 years that payment is reimbursable under ‘What's Claim.’ This means if the mortgage payment was $5,000 or $10,000 every month that payment has to be credited to the community.

What is MEDIATION all about?

what it includes and what are the advantages of it in a divorce process? Mediation is a process that requires both parties’ consent. A mediator is usually a lawyer or a retired judge who helps facilitate negotiation settlement.

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