Timing is Critical for Divorce/Dissolution of Domestic Partnership andBankruptcy Filings

Debt and other money issues are often at the root of divorce or the dissolution of domestic partnerships. But these problems don’t just go away once a couple separates. When debt is incurred by spouses or domestic partners in their joint names (and, in some cases, in just one party’s name), creditors can go afterContinue reading “Timing is Critical for Divorce/Dissolution of Domestic Partnership andBankruptcy Filings”

Tips on Avoiding Foreclosure Scams

Anyone facing the possibility of foreclosure on their home is in serious financial distress. People in these situations are susceptible to undue influence and can be easily misled into making bad decisions. It’s a sad but true fact—there are many unscrupulous third parties who won’t hesitate to take advantage of someone desperately seeking a wayContinue reading “Tips on Avoiding Foreclosure Scams”

Too Poor to File for Bankruptcy?

According to a study by the Federal Reserve Bank of New York, changes originally enacted in 2005 to the Bankruptcy Abuse Prevention and Consumer Protection Act have made it substantially more difficult for “financially struggling people” to file for bankruptcy relief. While it’s true that changes like these have made it tougher for people toContinue reading “Too Poor to File for Bankruptcy?”

Questions To Ask At Your Free Legal Consultation

Many attorneys offer free legal consultation as part of their services to prospective clients. For the client, it’s an opportunity to get a feel for the attorney and see if they feel comfortable having this individual represent them in their legal matter. For attorneys, it’s a chance to get a sense ofthe client’s legal needsContinue reading “Questions To Ask At Your Free Legal Consultation”

What Are My Rights As A Tenant?

Here’s a situation I encounter frequently. Tenants renting a house or apartment say they’ve called the landlord repeatedly to repair something or clean up pests of some kind, and nothing gets done. What can they do? Under California law, every residential tenancy, whether under a written lease or otherwise, is subject to a landlord’s warrantyContinue reading “What Are My Rights As A Tenant?”

What Can A Restraining Order Do?

A restraining order (also known as a “protective order”) can be as powerful as a court order or as flimsy as a piece of paper. You can’t hold it up in front of someone with a gun and expect it to protect you. However, a protective order can serve a useful purpose, which I’ll getContinue reading “What Can A Restraining Order Do?”

What Happens At A Mandatory Settlement Conference?

During the course of a family law matter, such as divorce, legal separation or dissolution of domestic partnership, many California courts offer the option of a scheduled “settlement conference.” In some counties, including San Diego, this is a mandatory proceeding, should the parties be unable to resolve their dispute among themselves. It is, in essence,Continue reading “What Happens At A Mandatory Settlement Conference?”

What Happens to Child and Spousal Support When an Ex-Spouse Remarries?

There’s a common misconception about how a person’s support obligation changes after an ex-spouse remarries. For purposes of this discussion, let’s say Joe is paying child support to his ex-wife, Traci, for their daughter Angela. After a year or so of being on her own, Traci meets, falls in love with and marries a plasticContinue reading “What Happens to Child and Spousal Support When an Ex-Spouse Remarries?”

What Happens When You Marry Someone with Support or Debt Obligations?

These days, it’s not uncommon for a person to marry someone who comes with some financial “baggage”— that is, with debts or support obligations of some kind. Here’s a fairly typical scenario: Jane comes to my office seeking information about getting a prenuptial agreement. Her fiancé, Frank, is saddled with several types of obligations. HerContinue reading “What Happens When You Marry Someone with Support or Debt Obligations?”

What to Do When a Family Member Dies

In recent weeks, it’s been my sad misfortune to lose two close relatives in my family. After the initial shock of the loss of each beloved family member, I have been swamped with questions from other family members and friends about what to do (in terms of legal obligations) when a loss like this occurs.Continue reading “What to Do When a Family Member Dies”