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Swanson O’Dell

From The blog

“Why Do I Have to Go To Mediation For Custody And Visitation?”

“Why Do I Have to Go To Mediation For Custody And Visitation?” California State Law requires a mediation prior to any request to the court to change or set custody or visitation orders. The reason for this is simple: in most cases a schedule set by the parents will be more beneficial to the children than something the court sets up. This is because the parents know their child’s needs and...

“My Divorce Is Taking A Long Time. Can I Get Divorced Now And Deal With The Property Issues Later?”

“My Divorce Is Taking A Long Time. Can I Get Divorced Now And Deal With The Property Issues Later?” In California, you can bring a motion for what is termed a “bifurcation of status.” What this means is that you can ask the judge to do the actual divorce portion of your case before the rest. The judge will look at the circumstances of the case and determine if this is appropriate. There are many...

“How Long Does A Divorce Take In California?”

“How Long Does A Divorce Take In California?” A divorce in California must, by law, take 6 months from the date of the filing of the Petition for Dissolution. However, in some cases where there are no contested issues, you may obtain your divorce judgment prior to the expiration of the 6 month period, but the divorce is not officially final until 6 months after the filing date. That is the date...

“I recently moved to California from another state and I need to change my custody orders. Can I do that in California?”

While the rules of each state are different, the court where your previous orders are from can be modified after a petition to modify the orders in California has been filed together with a motion in the old state requesting that the court there relinquish jurisdiction to the State of California. Because the rules are different in each state, you unfortunately usually need two attorneys: one to...

How Does Prop 47 Affect Me?

The recent passage of Proposition 47 has made sweeping changes to the landscape of criminal law. Often when new criminal laws are passed it only affects things which happen in the future. This Proposition not only affects the future, it provides the opportunity for many people change their criminal history. For every crime that has been reduced from a felony to a misdemeanor there is the...

“I Started My Company On With An Online Service. I’m Legally Protected Now, Right?”

One of the biggest misconceptions for small business owners is that starting a corporation gives them legal protection against lawsuits and asset forfeiture. While it is true that an online company can do your incorporation or form an LLC for you, this only creates the company on paper and if it is not followed up on in the proper manner, your corporation can be legally disregarded. In the State...

Why Is It So Hard To Get Insurance To Pay My Claim?

Why Is It So Hard To Get Insurance To Pay My Claim? This is a question that I hear all the time. Many clients have a simple claim, often with clear liability, but they can’t get the insurance adjustor to pay the claim. Other times, the adjustor will refuse to pay the full damages, and will only offer a portion instead. The reason for this is actually really simple. It is money. Insurance...

I am not a citizen of the United States, but I live here. What will happen if I get convicted or plea to a charge of domestic violence?

I am not a citizen of the United States, but I live here. What will happen if I get convicted or plea to a charge of domestic violence? It is not just the NFL that you will get kicked out of if you are convicted of a Domestic Violence offense. If you are not a citizen, you run the risk of being kicked out of the United States. It does not matter if it is a felony or a misdemeanor. The...

Can My Ex Move My Children Out Of Town Or Out Of State Without My Permission?

Move away cases are difficult both for the parties involved and for the judges who have to decide them. How do you decide between having two parents close by and the dictates of things like moving jobs, family changes, remarriage, and changing economic conditions? It’s a difficult subject, and the law has changed in major ways in the past and will probably change again. You should consult with...

Is Electronic Monitoring Available in Criminal Cases In Kern County, California?

The simple answer to the questions is, yes, Kern County has electronic monitoring. The complete answer is much more complicated. If you are facing jail time, is there a way to resolve your matter by being placed on an electronic monitor instead? Depending on the circumstances and the criminal charge, there is the possibility that an experienced defense attorney can arrange for such monitoring....