Skip to main content

Posts

Chico Butte County Local Attorney Family Law Divorce Affordable

Recent posts

You Don't Have Rights if You Don't Know What They Are?

Not surprisingly, many clients believe what their friends tell them and what they see on TV and Facebook.  Unfortunately, it's best to actually know at least some of the law that governs the type of issue you have. If you had a complicated separate property issue, compounded by numerous transactions that may or may not create further problems, you would likely have no idea how those issues would be handled.

Or if you have side businesses which add to your employment income, and you don't want to pay high spousal, well-- you're going to need a plan well in advance!  Unfortunately, a client may just want to agree to shared visitation where one spouse never pays anything but the other spouse then has to pay increased support because there is not any child support offset?  A typical client isn't going to know these things.



Or, if you had a part time business that you owned years before you met your spouse, and then he started siphoning money out of the business without you…

Is Trial Required in Your Case?

Most cases in Family Law may not require a trial or long cause hearing or hearings, BUT if a hearing requires taking testimony, then normally that hearing goes on the long cause calendar. This can get expensive due to the time and evidence preparation and the planned cross examination, depending on how many witnesses are needed.  To avoid the time and expense, if you have no big issues that you can't solve then you may not need a long cause hearing at all.

Unfortunately, some cases will require such a hearing or trial. Although this can become rather costly, it some cases it will be worth it, especially if you are owed money, property, or the kids were wrongly taken from you; if false (provably false) allegations were used to gain money/property/custody, then you may not have much choice in order to change the status.
Family law has some very specific time limits on how long you can wait before the statute might run on certain issues-- many of these Codes, especially Family Code S…

DO YOU NEED TEMPORARY SUPPORT? YES!!!!

It is possible.......that a client may fail to request temporary  

 spousal support "unknowingly"......
 and in so doing, because an "agreement" or stipulation was entered as to permanent support, and there was no motion to the court asking for temporary support-- there was no date to which a trial court could make the permanent support order retroactive in accordance with Family Code Section 4333. Family Code section 4333 controls the permissible date on which a permanent spousal support order may begin.

In contrast, an order for temporary spousal may, at the court's discretion, be made retroactive to the date on which the petition for dissolution was filed, or in some cases, on the date that the request for order was filed.  


[Under FC4009, an original order for child support may generally be made retroactive to the date of filing the petition, complaint, or other initial pleading]

Basically, without a filed separate request for temporary spousal support (via R…

Good Advice--Family, Criminal or Civil Case

I read and laughed at another attorney's post on a criminal law blog;
Essentially he's telling people to shut up and don't be posting online
about their cases. He's pretty funny actually, great sense of humor.

In Family Law, we don't see this specific issue as much as compared to Criminal law cases. But this attorney is correct.

In Family Law, it's even worse, because the Jerry Springer quality in people divorcing comes out, and that JS quality can ruin your case.  I won't say exactly why or how but common sense is common sense.  I found this data directly below, kind of interesting........

Here is what the OTHER attorney (in Philadelphia area) said----- what he says below is exactly correct.  https://phillylawblog.wordpress.com/tag/shut-up/

Free Legal Advice of the Day — STOP TALKING ON AVVO. Today’s legal pro-tip: If you are a criminal defendant, or a potential criminal defendant — SHUT UP.
Don’t talk on the internet, even if you get “free advice” from pro…

Why Pay to "Settle" Cases When You can Win??

Remarkably, some attorneys are in the business of charging fees to "settle" cases when you could have done that yourself....often they call this "mediation" of cases, and we don't mean mediation as to child custody.  We mean mediation-- of all issues.


PITFALLS OF MEDIATION.....YOU ARE NOT REPRESENTED BY COUNSEL AND YOU  DON'T KNOW YOUR RIGHTS !!


This attorney's past experience with such cases usually means that one client forces the other to cave in, while the client who caves in doesn't even realize that he or she caved in when it was not necessary.  OR-- one party knowingly concedes a major issue, without realizing just how major the issue is (because he/she has no attorney representing him/her) -- and then loses his/her ass, because he/she thought they were "saving money" when that was not the case.

For example, attorney has seen this done where one client who was earning $85k a year gross, vs the other party was earning $27k a year.  Th…

Did Facebook Help Ruin Your Marriage?

It is a sad fact that today, many people put their personal life and  private business online--and much of it is on Facebook.  Amazingly, many people do not really understand how Facebook is linked to everything--- and we mean EVERYTHING.  There is not much privacy left these days, despite online sites telling us there are rules for privacy.



If you're getting divorced, considering divorce, or have a plan to leave your spouse, you can almost be sure that if the spouse you are leaving is addicted to Facebook or similar sites, he/she will be talking about you.  This means Facebook is where attorneys look for dirt on the cases we see. Why?  Because many people lie to the spouse but go on Facebook and tell a completely different story?
This is actually quite common.



This means basically--that if YOU have been posting on Facebook and then tell the Court a different story--- you will probably be wrecking your own case, especially if you have talked about drunken episodes, partying and dr…