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Author Archives: ladivorcelawyer

Child Custody Orders Can Be Changed in Los Angeles and Orange County Courts

Child custody orders can be changed by making a written request to the Court that issued the original child custody order. This is called a Request for Orders and is made using the FL-300 Request for Orders form. This is the same form one uses to obtain an initial child custody order. CUSTODY MODIFICATIONS DURING… Read More »

Californians May See a Big Change in Medical Malpractice Law Which Would Increase Pain and Suffering Compensation for Victims of Malpractice

The Medical Injury Compensation Reform Act (MICRA) of 1975 may be revised. This law capped the recovery victims could receive in medical malpractice lawsuits. MICRA was intended to lower medical malpractice liability insurance premiums for healthcare providers in that state by decreasing their potential tort liability. Non-economic damages are limited to $250,000. Non-economic damages include claims… Read More »

Learn How To Avoid Probate Using a Transfer on Death Deed for Real Estate

What is a California Transfer on Death Deed?  Why Should You Care? The California transfer on death deed allows property to be transferred to a new owner when the current owner dies The transfer does not require a probate of the estate. The current owner retains ownership and control over the property, including the right… Read More »

What Is the Difference Between a Prenup and a Premarital Agreement?

There’s no difference. The phrases prenuptial agreement and premarital agreement and the word “prenup” all refer to the same thing: an agreement signed prior to marriage which contracts to modify the rights and obligations of parties from the statutory rules which govern the characterization of real and personal property as community property, the division of… Read More »

How to Obtain an Order from the Court to Compel a Spouse to Contribute to Attorney Fees in a Divorce?

The Court can order one spouse to pay or contribute to the payment of attorneys fees for the other spouse in a divorce if there is a need. The law that authorizes this is Family Code Section 2030. The purpose of a § 2030 fee award is to ensure a party has sufficient resources to… Read More »

15 Questions You Should Ask Potential Divorce Lawyers Before Hiring

Asking questions about an attorney’s qualifications and skills can be embarrassing and a little intimidating. A divorce is one of the most important events in your life. It makes sense to enquire about the attorney’s background and experience. Here are 15 Questions You Should Ask Potential Divorce Lawyers Before Hiring. Your lawyer should be able… Read More »

Divorce Mediation Makes Sense Even with the Recalcitrant Spouse

Traditional litigation lawyers and parties are in adversarial roles. You can imagine that if one company sues another over trademark infringement for example, the case begins as a zero-sum game with a winner and a loser. It’s true most cases settle, but the mindset of the litigants is one of war. This can be the… Read More »

How is Child Support Determined and Ordered in Los Angeles and Orange County Family Court?

In California, child support is determined using a mathematical formula codified in Family Code Section 4055. The most important factors are the incomes of the parents. The next most important factor is the amount of time the parents have custody. Changes in custody time can sometimes result in changes in child support payment amounts. Child… Read More »

How Child Custody Schedules Are Determined in Divorce and Paternity Cases in Los Angeles and Orange Counties

Learn How Family Law Courts in Los Angeles and Orange County Determine Child Custody   If the parents cannot agree on child custody, the courts are guided by two principals in fashioning custody orders. 1. Maintain the status quo. 2. Provide frequent and continuing contact by both parents with minor children.   1. The Ultimate… Read More »

How Spousal Support is Determined in Los Angeles and Orange Counties

If there is a disparity in the income of spouses, a spouse may seek temporary support payments (commonly referred to as alimony). This occurs after a petition for divorce has been filed but before the divorce trial or stipulated judgment has been issued. The party seeking support asks the court through a formal, written request… Read More »