From The blog

“I Am Going Through An Uncontested Divorce: Do I Need An Attorney?" Some uncontested matters can be accomplished by either doing your own paperwork or by using a document preparation service. Whether or not this is a good idea depends on the issues involved. Keep in mind that you will be held to the standard of an attorney in the divorce if you choose to represent yourself and it can be very...

“My business is being sued under the Americans With Disabilities Act: what can I do?” Business owners should be aware that they have a responsibility under the Americans With Disabilities Act (commonly called the ADA) to make sure that they have made reasonable accommodations for the disabled. What it is VERY important to understand that this obligation is a strict liability violation (no fault...

“I Run A Small Company. What Are My Retirement Options?” One of the questions that I often get from clients who are either doing their estate plan or incorporating their business into an LLC or Corporation is “what do I do about retirement?” This is not really a legal question, but is an important component of planning. Many small businesses cannot afford to commit to a large-scale pension...

“How Long Does A Civil Lawsuit Take In California?” Most cases (which include limited civil cases between $10,000 and $25,000 as well as unlimited cases with a value of over $25,000) are subject to the “Fast Track” system. The goal of the fast track system is to have civil trials within one year of the date of the filing of the lawsuit. So for most cases, you can expect a trial about one year...

“What Is The Difference Between Formal and Informal Probation?”   First, what is probation? Probation is the opportunity to serve anywhere from no time up to a year in County Jail and then have the balance of any potential sentence not imposed while you prove that you will no longer engage in inappropriate behavior. The terms of probation are given by the Judge imposing the sentence. You...

“If I Sue Someone, Can I Make Them Pay My Attorney Fees Under California Law?” The answer to this question, generally, is no. Under California law, there are no general provisions for the payment of fees to the winning side. There are some exceptions, however: there are some types of cases which have a statutory (special civil code sections) basis for allowing fees to be recovered, although...

“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?” 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?” 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...

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...