Consider family law mediation. Here are some questions: Can couples get divorced differently? Yes, of course! How do you want your divorce to be? Would you rather a third party make decisions for you? Does divorce have to be an all out battle? Divorce does not have to be a war. With mediation, maybe there […]
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Family Law Contempt requires certain elements to be proven. These are important to keep in mind both when the request is being prepared and at the time of trial. Certainly if you are opposing the requested contempt this is important to know too. The prima facie elements of contempt are: 1) a lawful order; 2)
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Family Law Contempt is a way to enforce a court order or judgment. It is not the only way, and James Moore has experience in judgment enforcement by writs of execution and bank levies too. Contempt is the intersection of family law, civil law, and criminal law. It is really the only way that someone
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Limited scope representation in family law can be a good option for people that want representation but are also trying to keep their overall attorney’s fee bill down. Limited scope representation means the attorney is only representing someone for a particular hearing, trial / evidentiary hearing, and/or issue. Contrast that compared to having the attorney
Family law mediation is an option to be considered for many divorcing couples. Certainly couples could try to handle it themselves or litigate the case in court. Mediation, however, provides a chance to speak about the issues and to try to settle each piece of the case to get an overall resolution. James Moore is
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Civility in litigation is important. Just because it is an adversarial system does not mean people need to be jerks, not grant requested extensions for discovery, or engage in scorched earth tactics. I have found that often the most civil attorneys are the ones to be wary of because they know the law and will
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The case Karton v. Ari Design & Construction, Inc. (2021) 61 Cal.App.5th 734, addressed civility, among other issues. The plaintiff was an attorney who had a dispute with an unlicensed contractor. The contractor defendant owed the plaintiff $22,096, but Plaintiff’s judgment was for $133,792 because the defendant was unlicensed and had to pay penalties. The
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The local county Department of Child Support Services (DCSS) can be helpful in family law cases. And they can be helpful not just for the person that receives support. DCSS traces its history back to Title 4 of the Social Security Act, which was a way to recoup benefits from a non-custodial parent. The national
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Many people receiving child support do not work or have not worked in a long time. The person paying child support wants the recipient to get a job so they have income and support goes down. Seek work orders are allowed for in spousal support, but not for child support (sometimes there is cross over,
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Dividing retirement accounts for a divorce is incredibly important. Retirement accounts and pensions are property subject to division. There are two main ways to proceed. First, settle that the person gets to keep their retirement account. Settling a case allows people to do things that a court would not order and parties can trade things.
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