Archive for December, 2009

What if the cops searched my car without my consent during a traffic stop? Do I have rights?

Wednesday, December 30th, 2009

Yes, you do have rights. The police are only allowed to search your car under limited exceptions which a lawyer can best advise you on.
When you are facing a criminal case there are many protections that allow the cops to invade your privacy and violate your 4th amendment rights but will later be deemed [...]

Can the court look at my new spouse’s income when determining what child support my ex-spouse should pay?

Sunday, December 27th, 2009

NO, unless under a very narrow exception of extreme hardship, the court cannot look at your new spouses income in calculating the amount your ex-spouse should pay in child support.
After a divorce or when there are children involved in a case, for child support or child custody, the case will last for years with modifications [...]

What Are My Rights if I Owned A Business Before My Marriage But Worked At It During The Marriage? What Could The Court Do?

Wednesday, December 23rd, 2009

Your rights to the business that you owned prior to marriage but worked at during marriage would depend on a few different factors, as explained below, but you do have rights!
In California, the courts apply different formulas to deal with the distribution of property and assets that the couple owned during their marriage. In [...]

What if my previous lawyer failed to do work on my divorce case? Can the court hold that against me?

Tuesday, December 22nd, 2009

If your previous lawyer failed to adequately represent you in your case you still have rights but the court may mistakenly hold it against you in your case and order you to pay attorneys fees, sanctions, or other penalties by the court.
Unfortunately there are times when you hire a divorce lawyer and they fail to [...]

What If I’m Making Payments on Debt That Me And My Ex-Wife or Ex-Husband Accumulated During The Marriage?

Friday, December 18th, 2009

An Ex-Wife or Ex-Husband Who Makes Payments On Community Property Debt During A Divorce Case Will Be Reimbursed For Those Payments By The Other Spouse.
Many times when couples separate there are issues with community money being used to pay a spouse’s separate expenses while the dissolution is pending and they are living separate. There [...]

How Can I Get An Annulment?

Tuesday, December 15th, 2009

You Can Get An Annulment Of Your Marriage If The Marriage Was Based Upon Fraud
Often times when a party is seeking a permanent separation from their spouse they would prefer it if the marriage had never existed. Legally that is a possibility if the reason for the divorce meets certain legal standards and if [...]

If I Can’t Afford An Attorney For My Divorce, Do I Have Any Options To Get An Attorney?

Monday, December 14th, 2009

Yes, You Have Options To Get An Attorney If You Cannot Afford One In Your Divorce Case!
Often times when you are considering a divorce there are financial burdens that make hiring an attorney seem impossible due to the expenses that are commonly believed to come along with that. However, what most people don’t know [...]

Can I Be Charged With Criminal Threats Even If I Don’t Live Near The Alleged Victim And Those Threats Were Supposedly Made While I Lived In Another State?

Thursday, December 10th, 2009

You Can Be Charged, And Convicted, Of Criminal Threats Even If You Make Threats From Another State
Criminal threats, under California Penal Code Section 422, Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement,…is to be taken [...]

Client Charged With Trespassing And Vandalism Gets Case Dismissed

Tuesday, December 8th, 2009

“I hired Michael after being charged with trespassing and vandalism for a case out of the Harbor Justice Center in Newport Beach, CA. I was facing possible jail time and even a one year suspension of my license. However, Michael worked extremely hard and got my case dismissed! He worked out a [...]

Can I Get Child Support In California If The Child Lives With Me In Another Country?

Sunday, December 6th, 2009

California Superior Courts Have Jurisdiction Over Child Support Cases Even If The Children Are Living Abroad
Child support and child custody are two important aspects that arise in divorce cases where children are involved. Child support refers to the monetary support that parents are required to pay to support the child after a separation or divorce. [...]