Estoppel

In some circumstances even though a party was illegally taken advantage of, if that party participates or benefits from the wrong doing, he or she may later be prevented from challenging the invalidity of the action. For instance, if one spouse’s name was forged on a document to transfer property, but the spouse whose name was forged received payment for that property, that spouse cannot later claim that the forgery invalidates the sale of the property.  The spouse whose name was forged on the document is prevented from challenging it.

 

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

 

T-LawLogo only

 

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.

International Custody Issues

Generally child custody move away cases involve situations where one parent moves the minor child to a state other than California. However, in some circumstances the moving parent may be moving to a different country. There are three concerns in international move-away cases. There may be a cultural difference for the minor child, the minor child is most likely a long distance away from the non-custodial parent making visitation difficult, and the new country may not honor the current custody order made by a California court. In those circumstances, the court may require the parent moving to a new country to sign a stipulation that California has jurisdiction over all future custody orders. If the moving parent fails to abide by the custody orders, the non-custodial parent may be awarded sole physical and legal custody.

 

If you need a divorce lawyer in the Orange County area to discuss an international custodial issue or any other family law matter such as child support, spousal support, or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

 

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.

Attorney Fees and Sanctions in Divorce

In some circumstances, one spouse in a divorce is required to pay the other spouse’s attorney fees. Two statutes authorize attorney fee payments in Orange County. Family Code section 2030 authorizes an award of attorney fees so that both parties have access to the judicial system. It is a needs based analysis. The court looks to whether the party requesting the attorney fees is in need of help so that he or she can afford an attorney. It also looks to whether or not the paying party has the ability to pay.

Family Code section 271 authorizes attorney fees as sanctions. This requires a showing that one party is frustrating settlement. It is more likely to be awarded when one party takes overt actions that frustrate settlement rather than the typical negotiations necessary to resolve a divorce.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

 

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Family Court Commissioners

A court commissioner can officiate like a judge as long as both party litigants stipulate to allowing the commissioner to act as a judge in their case. A commissioner is authorized to perform judicial duties by California Constitution, Article VI Section 21 and California Civil Procedure section 259(d). If both party litigants do not agree to having a commissioner act as their judge, the case will be reassigned to a judge.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as child support, custody, spousal support, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

 

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.

Set Aside of Divorce Judgment

There are three circumstances when a judgement for divorce may be set aside. The first is based upon Code of Civil Procedure section 473. Section 473 allows a divorce judgment to be set aside if there was mistake, inadvertence, surprise or excusable neglect in the divorce proceedings. Any motions under 473 must be filed within six months from the time a dissolution judgment is entered. Family Code sections 2121 and 2122 allow a divorce judgment to be set aside upon a showing of actual fraud. This motion must be made within one year of the judgment. Finally, the court also has equitable power to set aside a divorce judgment based upon extrinsic fraud.

 

T-LawLogo only

 

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.

Paternity in California

If parents who are not married have a child together, the biological father must come forward as soon as he learns of the pregnancy to establish his parentage. Parentage can be established by signing a Declaration of Paternity after the birth, marrying the mother, filing a Petition to Establish Parental Relationship, or holding the child out as his own. Parentage is important if the father attempts to block any adoptions by the minor child. If the father does not come forward immediately, because he does not know of the pregnancy, he may qualify as a Kelsey S. father. A Kelsey S. father is a father who would have acted as a father if the mother or another third-party had not prevented him from knowing of the pregnancy or the birth. In those situations, it is critical that as soon as the father knows of the child, he comes forward with the intention to support the child as a father.

 

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.

Separate Property or Community Property

It is possible in a divorce for a trial court in Orange County to find that an asset has both a community property interest and a separate property interest. This is most often true for real estate. If one spouse purchases an investment home before the marriage and then refinances the property during the marriage, then the California Superior Court will inquire as to whether the lender looked to the community income to refinance the house or whether the lender looked to the separate assets of the spouse to refinance the house. The burden is on the advantaged spouse to prove that the lender relied on the separate assets of the borrower to refinance the home.

 

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.