Skip to main content

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 Sections  2105, 2106, 2107, 2120, 2121, 2122, 2123, 2125. And FC 2640 which relates to separate property reimbursements is a real nightmare if the "judge" who is not a judge (but is commissioner) doesn't understand how it works?  Be very, very careful if you have this issue because quite frankly, with underwater property, the wrong ruling can cause one spouse to lose all cash put down on a property PLUS loss of the property itself.

We say this only because we have seen it happen.  It is likely only a writ or an appeal might salvage the bad ruling. The appeal might be won but unless some type of stay is in place, there would still be a problem.  And of course, that can be extremely costly.  http://codes.findlaw.com/ca/family-code/

Popular posts from this blog

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 wit...
Read more

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 “fre...
Read more