How to Sue in Small Claims Court to Settle Disputes By Sandra McCarthy|October 21st, 2018|California Courts| Small claims courts are a low/cost, quick alternative to civil courts to settle civil disagreements. The rules of small claims court are simpler and the process is quicker and less expensive than a regular civil court. Examples of when you may want to sue in small claims court include: (1) Your landlord did not return your security deposit; (2) An auto repair shop did not fix your car properly; (3) You loaned money to a friend who refuses to pay you back; (4) You purchased a new HDTV that had a manufacturing defect, and the store will not return it; or someone hit you, broke your nose, and (5) You want them to pay for your medical bills. Read More Comments Off on How to Sue in Small Claims Court to Settle Disputes
How to File Divorce in Los Angeles County By Sandra McCarthy|September 2nd, 2018|Family Law| Despite common belief, you do not need to hire an attorney to file for divorce in Los Angeles County. Most people can complete the divorce process without hiring an expensive lawyer. Surprisingly, sometimes you can even finish a contested divorce case without hiring a lawyer! The bigger question is, what is the best way to file divorce in Los Angeles County? These are essential questions, and we will try to discuss them in this article. Read More Comments Off on How to File Divorce in Los Angeles County
The California One Day Divorce Program By Sandra McCarthy|July 11th, 2018|Family Law| Are you looking to get a California one day divorce? Yes, it's true, counties throughout California have launched a one-day divorce program. This pilot program was created to help divorcing couples, who meet specific criteria, do so in one day. Be aware, however, the coined phrase "California one day divorce" is NOT what it seems. Let me be clear. You cannot get a divorce in California in one day. So what is the California one day divorce program all about? Read More 4
Do documents need to be notarized? By Sandra McCarthy|June 15th, 2018|Divorce FAQs| Most family law documents that are filed with the court do not require notarization. The one exception is the Marital Settlement Agreement which will need to be signed in front of a notary by both parties. Read More Comments Off on Do documents need to be notarized?
How to File a QDRO After Divorce By Sandra McCarthy|March 30th, 2018|Divorce, Family Law| It is not necessary to divide all retirements plans in a divorce. However, if the court has ordered the division of a retirement account, or the parties have agreed to divide one or more retirement account, it will be necessary to file a QDRO after divorce. Here are the steps on how to file a QDRO after divorce. Read More 19
How to File Divorce in San Diego County By Sandra McCarthy|December 3rd, 2017|Family Law| If you want to file divorce in San Diego County, you must first meet residency requirements. Learn the steps and forms required to file divorce in San Diego County. Read More Comments Off on How to File Divorce in San Diego County
A Father’s Rights in Custody – What California Courts Consider When Determining Father’s Rights By Sandra McCarthy|October 1st, 2017|Family Law| Lean how a California court views a father's rights in custody and visitation matters; what a father can do to protect their father's rights and what tactics are taken by mothers to affect a father's rights in custody. Read More Comments Off on A Father’s Rights in Custody – What California Courts Consider When Determining Father’s Rights
Attorney Fee Awards in Divorce and How California Courts Award Attorney Fees By Sandra McCarthy|September 24th, 2017|Family Law| During a divorce, one party may ask the court to request the other spouse to pay their attorney fees. An award of a spouse’s attorney fees may be an exorbitant amount of money. Attorney fee awards in divorce may be requested on a "need basis" or to penalize a party for sanctionable behavior. Below is [...] Read More Comments Off on Attorney Fee Awards in Divorce and How California Courts Award Attorney Fees
Can You File for Divorce in Another State? By Sandra McCarthy|June 30th, 2017|Family Law| Can you file for divorce in California when you and your spouse live in Nevada? The answer is probably not! Almost every state, except Alaska, South Dakota, and Washington have strict residency requirements to file divorce in that state. In other words, if you live in California but want to file for divorce in another [...] Read More 4
The Effects of Cohabitation and Spousal Support By Sandra McCarthy|June 11th, 2017|Family Law| Spousal support is based on one spouse’s obligation to provide financial help to their low wage earning spouse. Spousal support can be paid both during and after divorce to help maintain the marital standard of living of the supported spouse for a specified period. People commonly believe spousal support is paid for the lifetime of [...] Read More Comments Off on The Effects of Cohabitation and Spousal Support
Thrift Savings Plan Retirement Division in Divorce By Sandra McCarthy|April 29th, 2017|Family Law| A Thrift Savings Plan (TSP) is a retirement system and plan for federal employees, military personnel and reservists. Congress established the plan in 1986. The federal TSP is a defined contribution plan. This means the amount of money a plan participant receives from the plan depends on how much he/she contributed throughout his/her working years. The [...] Read More 2
What is an Adult Adoption in California? By Sandra McCarthy|April 15th, 2017|Adoption| What is an Adult Adoption? Many people wonder if they can legally be adopted after turning 18 years of age. In California, adult adoption is quite common. Adult adoption is a legal process in which an older adult adopts a younger adult who is not related to them. California law requires a person to at [...] Read More Comments Off on What is an Adult Adoption in California?
Motion to Quash Service in Divorce By Sandra McCarthy|January 19th, 2017|Family Law| In California divorces, the petitioner (the spouse that initiates the divorce) is required to serve the respondent with a copy of the Petition and a Summons to appear in court. The Summons provides notice to the respondent that the petitioner has filed for divorce and informs them that he/she has 30 calendar days to file [...] Read More Comments Off on Motion to Quash Service in Divorce
How to File an Emergency Custody Motion By Sandra McCarthy|December 4th, 2016|Family Law| Filing an emergency custody motion, also known as an ex parte motion, is common in family law cases. An emergency custody motion can help California residents get immediate legal relief regarding custody issues in divorce, legal separation and paternity cases. California Family Law Code section 3064 outlines the requirement of an emergency custody motion. [...] Read More 24
Divorce Settlement Strategies in California By Sandra McCarthy|September 30th, 2016|Family Law| Negotiating a divorce settlement is overly complicated at times. Couples tend to let emotions cloud their judgment and often end up unhappy with the results. Below are divorce settlement strategies you should consider using during negotiations with your spouse. Read on to learn more. Divorce Settlement Strategies For Spousal Support Negotiating spousal support is not always [...] Read More Comments Off on Divorce Settlement Strategies in California
How to Set Aside a Paternity Judgment By Sandra McCarthy|September 14th, 2016|Family Law| Establishing paternity is a major psychological and economical factor that affects a child’s life. For a child born to a married couple, that child is considered legitimate under California law. However, if a mother is unmarried, the person named as the child's father on a birth certificate does not, in fact, legally establish paternity. Furthermore, [...] Read More Comments Off on How to Set Aside a Paternity Judgment
Joinder of Retirement Plan in Divorce By Sandra McCarthy|June 23rd, 2016|Family Law| Most retirement plans or pensions can be divided in a California divorce. In particular, California courts split retirement plans and pensions between divorcing spouses similar to how other property is divided (50/50). In this case, retirement plans require an additional process, commonly referred to as the joinder of retirement plan, in order for a retirement [...] Read More 4
CALPERS Pension Retirement Division in Divorce By Sandra McCarthy|May 27th, 2016|Family Law| The California Public Employees Retirement System (CALPERS) provides lifetime monetary benefits to employees and their spouses. If you have filed for divorce, you may be wondering how you or your spouse’s CALPERS pension may be affected. Depending on your marital settlement agreement, you may receive up to half of your spouse's CALPERS retirement. Below is [...] Read More 11
Grandparent Visitation Rights in California By Sandra McCarthy|January 10th, 2016|Family Law| There may come a time in your life in [...] Read More 25
Establishing California Date of Separation in Divorce By Sandra McCarthy|December 7th, 2015|Family Law| Determining the date of separation in California is an important factor in California divorce and legal separation cases. The legal date of separation is used to decide the potential duration of spousal support and the date each spouse’s separate property started to accrue post-marriage. The date of separation is specifically identified in the initiating [...] Read More Comments Off on Establishing California Date of Separation in Divorce