Category Archives: Legal Information

New Email Scam Uses Court Summons To Prey On Unsuspecting Victims

Scammers use official looking email that appears to come from law office to trick recipients into downloading computer virus.

It’s bad enough to receive a court summons, and even worse when you know you haven’t done anything (that you know of) to receive one. Of late, an email scam has been perpetuated throughout the WWW that uses a fake court summons to convince unsuspecting recipients to download a zip file that contains “detailed case information”, when in fact the file contains the malicious Trojan Horse virus.

What is the Trojan Horse Virus?

The Trojan Horse is what’s known in the hacker world as a “backdoor”, which can allow malicious programs to attack your personal computer’s hardware and software. It can also contain code that can allow unauthorized access to your private computer files. They are sometimes difficult to eliminate, and in many cases require removal by a professional computer technician.

The virus has been around for many years and is one of the most popular to be used by computer hackers. Here is an example of what a fake court summons looks like when sent by email:

Fake court summons email containing Trojan Horse attachment.

 How do I know if a court summons is real?

Sending a summons via email would provide no proof that the party actually received notice. Email addresses can change, be deleted, or transmissions can be interrupted or blocked by the network for any number of reasons. Lastly, the recipient could conceivably simply delete the email message containing the summons and claim he never received it.

A summons normally requires personal service. There is an exception, that is called a “substituted service”; wherein, and if the process server can show “due diligence” in trying to serve a particular party at his/her residence, without success, service can be effected on any warm body at the residence. If one is avoiding service, and it can be proved, and under some very particular other circumstances, the plaintiff can seek a COURT’S ORDER, to publish the summons in a newspaper of general circulation.

If you have questions about a court summons you may have received, especially if you’re not sure where it came from, don’t hesitate to contact our office.

Law Offices of William R. Lively and Associates
23300 Cinema Drive, Suite 2910
Valencia, CA 91355
PHONE: (661) 287-3600
FAX: (661) 287-3605

Law Offices of William R. Lively is a member of the Santa Clarita Valley Bar AssociationMember: San Fernando Valley Bar Association

Antelope Valley Bar Association

[cfwc]

 

Prenuptial Agreement

United, We Stand!

Several “hot” news stories have prompted a lot of calls and questions to my office. Here are a few facts Prenuptial agreementsand some law.

Before marriage, spouses can agree that certain property acquired during the marriage, which normally would be community property, will instead be the separate property of only one of the spouses. The “prenuptial agreement” must be fair and in writing; and, it must show that each of the spouses have the opportunity to consult legal counsel. In other words, it has to be seen that each of the parties knew what he or she were doing. Continue reading Prenuptial Agreement

Maybe You Could Compromise And Settle

Is a Lawsuit Really Necessary?

The mere mention of “compromise and settlement,” is often viewed by a Is a lawsuit really necessary?lawyer’s client as a sign of disloyalty, incompetence, or worse. After all, legal disputes are full of feelings of emotion and ideas of honor. But if one looks at the “big picture,” settlement is an option that is too often overlooked. Continue reading Maybe You Could Compromise And Settle

What Makes a Marriage Anyway?

What Makes a Marriage Anyway?

It should appear to almost go-without-saying, that in order to get a divorce, a couple would first have to have a What makes a marriage anyway?marriage.  On the other hand, it will be absolutely necessary to prove the existence of a valid marriage, to a Judge, in order to have a request to dissolve it accepted and otherwise undertaken by a Court of Law.  It gets to be quite a bit more serious, when one is informed, that without a valid marriage, one will not be permitted to access the benefits of the Family Law Act, to acquire what should otherwise be considered to be a fair share of the relationship.

Marry For Love…And Legal Protection

 

There have been some famous cases, where persons lived together for a long time, acquired property and other wealth during the relationship; but when it was over, one of them could not get any part of the property, or other support which would otherwise be natural in the situation of a valid marriage. For a marriage to be valid in California, each of the parties has to give their consent, as a matter of public record; including, getting a license, from a county clerk, to be wed.  There will thereafter have to be a solemn ceremony, conducted by a person authorized by the State to do so; wherein the parties must actually declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife.

[In California there are several requirements for a valid marriage. The parties must consent to the marriage; consent must be followed by the issuance of a license; and the marriage must be solemnized by an authorized person (§§300,400.) In addition, the parties must declare, in the presence of the person solemnizing the marriage, that they take each other as husband and wife.

What is “Common Law” and “Common Law Marriage?”

Previous to our present United States Constitution, colonies tried another form of government, under a document Framers of the Constitution with divorce on their minds?entitled, the “Articles of Confederation.”  Permit me, in the interests of time and space, to be very direct here:  that form of government ultimately failed, giving way to our present form of Constitutional Government, because nobody could ever unanimously agree on anything; so, nothing could ever really get done.  However, that failed experiment gave us something very valuable and long-lasting:  when those original colonies decided to “get-together” and establish an agreed way of doing things under the idea of a “Rule-of-Law,” they really had no common set of laws, with which to Rule;  so, and knowing that it would take an enormous amount of time for a group of people, who really couldn’t agree on anything, to create an agreed set Rules, they looked around for some place where those Rules\Laws had already been created.

It’s (in my opinion) one of the great ironies of history, that the place they found such a system of Laws, was their “Mother Country,” Great Britain, from whom they were intent on severing, because they considered England to be “wrong ‘n’ bad” and corrupt, “to boot.”  Nevertheless, our Federal Constitution of 1789, wound up adopting the Common Law of England, as it existed  at the moment of the adoption of the “Articles of Confederation;” which had been previously adopted, several years earlier, by the Confederation.

Let me say right-away, that from the point of view of a discussion about Marriage under the Family Law Act, of the State of California, Common Law Marriage has not been legal, nor otherwise recognized in California, since sometime in the 19th Century.  Marriages that don’t conform to the present version of the California Family Law Code, are not recognized.  That being said, there was a time in California (and still is true in a number of other States and Countries), that if a couple lives together “like man & wife,” for a certain period of time; they could be considered “Married” under certain circumstances.

Now, there’s a lot more that could be said about this, but it’s really beyond the scope of this particular article. There may come a time when additional articles may be written of subjects like, “Palimony” and “putative spouses,” but, that will be in the future, and probably only if enough people express an interest in those subjects.

Service of Process, Summons and Subpoena

Generally, it developed in the Law, that when a “Lawsuit,” or other legal action effecting the rights of another was legalcommenced, the Court would issue a written document directed to the  opposition Party, and notifying that Party of the filing of the “suit.”  Not surprising, is the fact that such a “writing,” was called a “Writ.”  In more modern times, the particular “writing” filed for this purpose at the commencement of a lawsuit, such as the one under discussion here, is called a “Summons.”  A “Summons” will be the required amount or “Notice” to another, before that person’s guaranteed Rights may be compromised by a Court-of-Law.  The word “Process,” as used in this context, has a relationship to the concept of “Due Process,” so important in our particular form of American Constitutional Government.  Stated simply:   “Due Process” will literally be:  that amount of “Process” that will be “Due” to a person, before their civil and property rights can be effected.  So, with that in mind, it can be said,  that a “Summons” will be the “Notice” to a party named in a legal action that has been filed, that such “Served” person, will have to approach the Court, and participate in the action; and at least by the filing of a written Responsive Pleading in the Matter; or else a “Default” may be authorized to be taken against the person “Served;” and a Judgment ultimately taken against the “Served” person; and solely according to the urging of the person that filed the action; and, as partly due to the failure of the party served, to properly respond to the pleading that has been served on them.

It will be necessary for the Petitioner to legally “Serve” the Respondent, with the Petition. This is because, before a Court can do anything that would effect the rights of any person, it will be necessary for that “person” to have warning, or “Notice,” of what the Court is considering.   These days, someone who is over the age of 18, and who is not the Petitioner, will have to personally deliver the Petition to the Respondent.  It will then be necessary for the person who actually delivered the Petition, to complete a form, which is called a “Proof of Service,” in which the “process server” swears that the Petition was personally delivered to the Respondent, and at a particular time and place.  After the “Proof of Service” is properly completed, it will be filed with the Court; and a time (30 days) will begin to run, at the end of which, the Respondent is required to have filed his or her Response.  Now, it is possible to avoid someone just showing-up somewhere, to hand the Petition to the person being served; but the person being served would have to cooperate.  In such a case, the Petition would be mailed to the Respondent, along with a document called a ‘Notice of Acknowledgment and Receipt;” which, if signed and mailed back by the person served, would constitute adequate “notice,” and therefore legal “Service of Process.”  There are certain situations which require exceptional procedures (for instance, if the person being served would hide, of otherwise “avoid service”), but those things should need the advice and assistance of Legal Counsel.  The Sheriff can be asked to “serve= the Petition, if the local station is properly approached with a request.  The fees are nominal.  There are also professional “Process Servers@ (also called ‘Attorney Services”) which can be found in telephone books or on the internet.  Attorneys are in touch with, and utilize such professionals, on a regular basis, It will really be best to utilize people who have experience in these areas, and know all of the rules and regulations.`

As distinct from a “Summons,” a “Subpoena” will be a “Process” that is “Served” on a non-party Witness, to “command”  him, her or it, to appear at a stated time and place, to give testimony in a filed legal action.  The “place” is usually a particular Court; but it can also be a law office, or other place where testimony can be taken (like for a “Deposition”).  While a “person” is usually the object of a command to appear (a “Subpoena”), the Subpoena can also describe things (usually documents or other “writings”) that have to be produced at the particular time and place, by a person who is charged with taking care of those documents or other things; and for examination by the person who has issued the Subpoena.

History, Background, and a Bird’s Eye View of the Process of Divorce, Dissolution of Marriage & the Family Law Act

A Divorce By Any Other Name

“Divorce” is an old term, that is nevertheless still used by many people, in reference to a legal action that is designed to end a marriage.  The presently correct term is “Dissolution of Marriage.”

Time was, that “Divorce” was just like any other lawsuit.  There was a “Plaintiff”, who would commence a “Lawsuit”, by the 128px-Broken_heart.svgfiling of a “Complaint,” in the Superior Court; wherein it would be alleged, that another person, the “Defendant”, had done something wrong and illegal; and  whereby the other person (the “Plaintiff”) had been injured; and to the extent that a Court should award compensatory relief (“Damages”) to the injured person; which in the case of a Marital Complaint, would include the undoing of the marriage, and the awarding of money damages, for support, or “Alimony,” as it was then called.

Who’s Fault Is It Really?

To make an otherwise longer story shorter, in and about 1970, the California Legislature decided it was improper to continue to try to find “fault” in such a situation, when more likely than not, there was no particular “fault,” but only the (sometimes) unfortunate fact, that one or both persons in the marital relationship, just didn’t want to do it any more.   So, we got “no-fault” divorce; or as it is properly called, “Dissolution of Marriage.”  The “Complaint” is now called a “Petition;” and the one filing it, is called a “Petitioner;” and the other party is called a “Respondent.”  It will be necessary for the Petitioner to legally “Serve” the Respondent, with the Petition, and a “Summons,” and in the same manner as formally required, when the Plaintiff had to serve the Complaint for Divorce, on the Defendant.  (See: “Service of Process, Summons and Subpoena”).

These days, someone who is over the age of 18, and who is not the Petitioner, must personally deliver the Petition to the Respondent.  The Respondent will then have an opportunity to file a “Response” to the Petition, that will either admit or deny the “allegations” of the Petition.  The items of “Allegation” to which the parties agree, will be found to be true by the Court; and a “Final Judgment” will ultimately be based on those agreements.   The Parties (Petitioner and Respondent) will then proceed to litigate (continue to press their contentions in and with the Court), perhaps even to a Trial, and with further regard to the remaining things upon which they don’t agree.   Alimony is now called “Spousal Support,” and the means for determining the propriety and amount of the support, is based on “need and ability to pay,” and not on fault.

In fact, generally, evidence of the bad acts or other such behavior of one party, is just simply not admissible.  Now there are some exceptions to this last stated, but basically, all the Court will be interested in, is restoring the parties to the status of single persons (as distinct from married persons); the identification and evaluation of their “Community Property” (so it can be divided equally between them); and if there are children, where and with whom will the children reside, or otherwise be, at any particular time of a given day.  The questions of Child and Spousal Support will also be addressed, if appropriate.

What About The Rights Of Grandparents and Grandkids?

It might be a surprise, but in California, grandparents have no rights with regard to custody and visitation with their grandchildren.  The law concerning custody and visitation, as well as child support, is meticulously developed, highly technical, and even clinical, when it comes to parental custody with minor children; and usually within the context of the dissolution of the marriage of their parents.

Absent an agreement between estranged parents, a court would be required to determine the Best Interests of minor children, for the purpose of ensuring frequent and continuing contact between them and their parents; and in order to fashion a Parenting Plan that would ensure that result.  Such a plan might well have to include a detailed schedule with regard to who would be transporting children at any given time, and where exchanges of actual physical custody would occur.

However, when it comes to the grandchildren, there is no highly developed law; and in fact, there really isn’t any statutory law, whatsoever.  Whether children will be allowed time with their grandparents, is entirely left to the parents.

As a practical matter, when  a child is with a particular parent, that parent would normally have the power to determine to whom else the children might be exposed; and courts would not get involved, unless it could be shown, that a particular person or circumstance would be adverse to the Best Interests of a particular child.

Now there is a possible exception; but it would most likely require a knowledgeable attorney, and some expense: if a grandparent could convincingly show to a court, that it would be adverse to the best interests of a grandchild, to be deprived of contact with his or her  grandparent, a judge might well order the contact.  However, that would be a rare occurrence.

Do you have questions about family law or custody conditions? Don’t hesitate to contact us. Someone is always here to help.

Law Offices of William R. Lively and Associates
23300 Cinema Drive, Suite 2910
Valencia, CA 91355
PHONE: (661) 287-3600
FAX: (661) 287-3605

Hey, We Finally Got a Date of Separation!

Hey, We Finally Got a Date of Separation!So long, farewell, auf wiedersehen, good night... Back in early April of 2016, we had an Article in this space, where we asked, “How Many Degrees to a Date [more]

Eye the Jury !

Eye the Jury !Despite (perhaps) the apparent punish (ing) title of this article (equally apparently written while very tired late-one-night), this will not in any way [more]

They’re Letting John Hinckley Go Free? What’s That All About?

They’re Letting John Hinckley Go Free? What’s That All About?First of all, we probably need to refresh some memory of just who isJohn Hinckley? On March 30, 1981, John Warnock Hinckley tried to assassinate Ronald [more]

There's More To Grandparents' Rights Than Meets The Eye

There's More To Grandparents' Rights Than Meets The EyeFLASH!!   The worm turns again; only this time, it’s a Grandpa Worm! Have I got your attention?  A number of times in this series of articles, it has been [more]

How Many Degrees To a Date Of Separation?

How Many Degrees To a Date Of Separation?The Date of Separation is something that has to be decided before there can be any Judgment that finally dissolves a Marriage in the State of [more]

This One's For The Children

This One's For The ChildrenThe Importance Of a "Parenting Plan" If a Court should encounter a Dissolution of Marriage Petition involving Minor Children, the Law would prefer that the [more]

Are There Limits To Your Constitutional Rights?

Are There Limits To Your Constitutional Rights?An Exceptional Concept... Our U.S. Constitution specifically includes the reservation of certain precious and fundamental rights to particular individuals and [more]

What The Heck Happened? Creating a Timeline For Your Legal Counsel

What The Heck Happened? Creating a Timeline For Your Legal CounselIf one should have a problem that could lead to a visit with a lawyer for legal advice about that problem, there would be a few important things to remember for [more]

What You Need To Know About Prenuptial Agreements

What You Need To Know About Prenuptial AgreementsWhose Stuff Is It, Anyway? With a couple of notable exceptions, California Law will presume that any property acquired by either of the spouses in a valid [more]

Crazy, Okay, but Guilty, Anyway

Crazy, Okay, but Guilty, AnywayThe History and Legal Use of the Insanity Defense In ancient times, insanity had no particular bearing on the question of criminal guilt. If one were to be [more]

King Solomon Said 'Cut 'em in Half!' The Court Says Otherwise

King Solomon Said 'Cut 'em in Half!' The Court Says OtherwiseThe Best Interests Of The Children In these days, when our courts and legislatures seem to be taking the view that the Dissolution of a Marital Relationship in [more]

He Left Without Saying Goodbye! Now What Do I Do?

He Left Without Saying Goodbye! Now What Do I Do?Can't Wait. I have bills to pay and no way to pay them! A circumstance that would be of particular concern for a Family Law Court, would be one where one party [more]

The Dissolution of a Marriage in the State of California

The Dissolution of a Marriage in the State of CaliforniaDefining definite differences in the definition of divorce. The Dissolution of a Marriage in the State of California is something that has to happen by and [more]

A Trust Is a Must

A Trust Is a MustWorking Your Way Around The Red Tape of Probate Could it be possible to avoid probate altogether, including; all the Probate Court filings and appearances; the [more]

Where There's a Will, There's a (Better) Way

Where There's a Will, There's a (Better) WayIs there a way to have your estate handled without everyone else getting an administrative "piece of the pie?" The idea of a Will is literally thousands of [more]

Stand Your Ground!

There’s a lot of misinformation out there about the so-called  “Stand-Your-Ground Rule.”  A great deal of the misinformation is from the media, which should know better.

Some of the misinformation is the assertion that the “Stand-Your-Ground Rule” is one of radical and recent origin; and confined to one particular state, being the state of Florida.  However, the rule is older than our republic itself; and will be found to have been part of the English common law, that was actually adopted by the thirteen American colonies, before we even had our own Constitution.

The rule most commonly comes up in relationship to that form of self-defense, which involves the use of force in one’s defense; and most especially, the use of  “deadly force”, as opposed to “non-deadly force”.

Generally,  it’s almost universally true in our culture, that one is entitled to use that degree of reasonable force, necessary to defend one’s self  As long as the force is “reasonable” under the circumstances, the defender should be viewed as being involved in self-defense, as a privileged activity   —– but that’s just where the problem lies:    just exactly what is “reasonable” force, under a particular circumstance?

If the amount of force that is utilized by the defender is greater than the force utilized in the attack on the defender, the question might arise as to whether the force is reasonable under the circumstances; and specifically, whether the defender has become an aggressor (by the use of excessive or unreasonable force); and therefore punishable under the Law.

It could be said, that the so-called  “Stand-Your-Ground Rule”, is a contradiction of an older and more pervasive rule, known as the “Retreat Rule”.  Generally, the “Retreat-Rule” demands that one should all available means of escape, before using any force at all, in self-defense.  While it is true that the “Retreat Rule” is rare in such an extreme form; it’s equally true, that when the defensive force might become “extreme” or “deadly force,” it would be required that the defender use any reasonably available avenues of escape, to avoid serious injury,

In the final analysis, the “Stand-Your-Ground-Rule” could be said to stem from a philosophical response to the question of self-defense.  The Rule reasons, that if one is in a place where the one has a right to be, there should be no requirement to “move an inch,” in response to an unprovoked attack,  let alone, “retreat-to-the-wall.”

In deed, that is in fact the law in some jurisdictions; where one would be entitled to use injurious, and even deadly force, if it is demanded that the one must move from a place the defender merely has a right to be.

Now, and even if it is not the majority rule in the country, if a particular state should determine by a democratic vote of its legislature, that it will adopt a law such as the “Stand-Your-Ground Rule.” it would be free to do so, absent a Federal Constitutional conflict.

As far as the State of California is concerned, deadly force would be deemed unreasonable, if non-deadly force would be obviously sufficient to avert a threatened harm. Even non-deadly force would be unreasonable, if it were obviously and substantially in excess of what would be needed for the particular defense.

Hey, We Finally Got a Date of Separation!

Hey, We Finally Got a Date of Separation!So long, farewell, auf wiedersehen, good night... Back in early April of 2016, we had an Article in this space, where we asked, “How Many Degrees to a Date [more]

Eye the Jury !

Eye the Jury !Despite (perhaps) the apparent punish (ing) title of this article (equally apparently written while very tired late-one-night), this will not in any way [more]

They’re Letting John Hinckley Go Free? What’s That All About?

They’re Letting John Hinckley Go Free? What’s That All About?First of all, we probably need to refresh some memory of just who isJohn Hinckley? On March 30, 1981, John Warnock Hinckley tried to assassinate Ronald [more]

There's More To Grandparents' Rights Than Meets The Eye

There's More To Grandparents' Rights Than Meets The EyeFLASH!!   The worm turns again; only this time, it’s a Grandpa Worm! Have I got your attention?  A number of times in this series of articles, it has been [more]

How Many Degrees To a Date Of Separation?

How Many Degrees To a Date Of Separation?The Date of Separation is something that has to be decided before there can be any Judgment that finally dissolves a Marriage in the State of [more]

This One's For The Children

This One's For The ChildrenThe Importance Of a "Parenting Plan" If a Court should encounter a Dissolution of Marriage Petition involving Minor Children, the Law would prefer that the [more]

Are There Limits To Your Constitutional Rights?

Are There Limits To Your Constitutional Rights?An Exceptional Concept... Our U.S. Constitution specifically includes the reservation of certain precious and fundamental rights to particular individuals and [more]

What The Heck Happened? Creating a Timeline For Your Legal Counsel

What The Heck Happened? Creating a Timeline For Your Legal CounselIf one should have a problem that could lead to a visit with a lawyer for legal advice about that problem, there would be a few important things to remember for [more]

What You Need To Know About Prenuptial Agreements

What You Need To Know About Prenuptial AgreementsWhose Stuff Is It, Anyway? With a couple of notable exceptions, California Law will presume that any property acquired by either of the spouses in a valid [more]

Crazy, Okay, but Guilty, Anyway

Crazy, Okay, but Guilty, AnywayThe History and Legal Use of the Insanity Defense In ancient times, insanity had no particular bearing on the question of criminal guilt. If one were to be [more]

King Solomon Said 'Cut 'em in Half!' The Court Says Otherwise

King Solomon Said 'Cut 'em in Half!' The Court Says OtherwiseThe Best Interests Of The Children In these days, when our courts and legislatures seem to be taking the view that the Dissolution of a Marital Relationship in [more]

He Left Without Saying Goodbye! Now What Do I Do?

He Left Without Saying Goodbye! Now What Do I Do?Can't Wait. I have bills to pay and no way to pay them! A circumstance that would be of particular concern for a Family Law Court, would be one where one party [more]

The Dissolution of a Marriage in the State of California

The Dissolution of a Marriage in the State of CaliforniaDefining definite differences in the definition of divorce. The Dissolution of a Marriage in the State of California is something that has to happen by and [more]

A Trust Is a Must

A Trust Is a MustWorking Your Way Around The Red Tape of Probate Could it be possible to avoid probate altogether, including; all the Probate Court filings and appearances; the [more]

Where There's a Will, There's a (Better) Way

Where There's a Will, There's a (Better) WayIs there a way to have your estate handled without everyone else getting an administrative "piece of the pie?" The idea of a Will is literally thousands of [more]

Who Can Keep a Secret?

It’s been said that “two can keep a secret, but only if one of them is dead”. But you’ve got the best chance of having your confidences protected, if the other one who knows is your lawyer.

Communications that occur in the context of certain relationships are protected under the law, and there’s no confidence that is more jealously protected than that between an attorney and his or her client. That may be because it’s attorneys and judges who generally make and interpret the laws — but that’s another article.

There are a lot of different laws and other rules on this subject, which is commonly known as the “Law of Privilege”, but they all seem to boil down to the following principle: a lawyer is obligated to maintain the confidences of a client, even if it exposes the lawyer to peril.

However, there are a number of things that can destroy the privilege, and therefore the ability to keep the secret. The most common thing is where the secret is revealed to a third person.

So, if you’re going to see a lawyer, and you have something you want kept a secret, do not bring another person into that conversation, or allow the conversation to otherwise be overheard; because nobody can make you or the lawyer tell what was discussed, but there’s no protection for the third person.

There are on-going recent developments in the law, which would mandate that an attorney warn when third persons are threatened with death or serious bodily injury, or when the communication between the attorney and client would otherwise involve an intention to commit a future crime —- but that will have to wait for the next article.

It would be irresponsible to attempt critical legal advice in 350 words. If you need help, call me at 800-339-5539 or 661-287-3600.

Hey, We Finally Got a Date of Separation!

Hey, We Finally Got a Date of Separation!So long, farewell, auf wiedersehen, good night... Back in early April of 2016, we had an Article in this space, where we asked, “How Many Degrees to a Date [more]

Eye the Jury !

Eye the Jury !Despite (perhaps) the apparent punish (ing) title of this article (equally apparently written while very tired late-one-night), this will not in any way [more]

They’re Letting John Hinckley Go Free? What’s That All About?

They’re Letting John Hinckley Go Free? What’s That All About?First of all, we probably need to refresh some memory of just who isJohn Hinckley? On March 30, 1981, John Warnock Hinckley tried to assassinate Ronald [more]

There's More To Grandparents' Rights Than Meets The Eye

There's More To Grandparents' Rights Than Meets The EyeFLASH!!   The worm turns again; only this time, it’s a Grandpa Worm! Have I got your attention?  A number of times in this series of articles, it has been [more]

How Many Degrees To a Date Of Separation?

How Many Degrees To a Date Of Separation?The Date of Separation is something that has to be decided before there can be any Judgment that finally dissolves a Marriage in the State of [more]

This One's For The Children

This One's For The ChildrenThe Importance Of a "Parenting Plan" If a Court should encounter a Dissolution of Marriage Petition involving Minor Children, the Law would prefer that the [more]

Are There Limits To Your Constitutional Rights?

Are There Limits To Your Constitutional Rights?An Exceptional Concept... Our U.S. Constitution specifically includes the reservation of certain precious and fundamental rights to particular individuals and [more]

What The Heck Happened? Creating a Timeline For Your Legal Counsel

What The Heck Happened? Creating a Timeline For Your Legal CounselIf one should have a problem that could lead to a visit with a lawyer for legal advice about that problem, there would be a few important things to remember for [more]

What You Need To Know About Prenuptial Agreements

What You Need To Know About Prenuptial AgreementsWhose Stuff Is It, Anyway? With a couple of notable exceptions, California Law will presume that any property acquired by either of the spouses in a valid [more]

Crazy, Okay, but Guilty, Anyway

Crazy, Okay, but Guilty, AnywayThe History and Legal Use of the Insanity Defense In ancient times, insanity had no particular bearing on the question of criminal guilt. If one were to be [more]

King Solomon Said 'Cut 'em in Half!' The Court Says Otherwise

King Solomon Said 'Cut 'em in Half!' The Court Says OtherwiseThe Best Interests Of The Children In these days, when our courts and legislatures seem to be taking the view that the Dissolution of a Marital Relationship in [more]

He Left Without Saying Goodbye! Now What Do I Do?

He Left Without Saying Goodbye! Now What Do I Do?Can't Wait. I have bills to pay and no way to pay them! A circumstance that would be of particular concern for a Family Law Court, would be one where one party [more]

The Dissolution of a Marriage in the State of California

The Dissolution of a Marriage in the State of CaliforniaDefining definite differences in the definition of divorce. The Dissolution of a Marriage in the State of California is something that has to happen by and [more]

A Trust Is a Must

A Trust Is a MustWorking Your Way Around The Red Tape of Probate Could it be possible to avoid probate altogether, including; all the Probate Court filings and appearances; the [more]

Where There's a Will, There's a (Better) Way

Where There's a Will, There's a (Better) WayIs there a way to have your estate handled without everyone else getting an administrative "piece of the pie?" The idea of a Will is literally thousands of [more]