About Our Business
Our ESTATE PLANNING DIVISION provides you with attorney
handouts on the subject before you prepare your Wills and Living Trusts.
This section of law applies to the contemplated transfer of assets by one
person to his heirs, either by will, which takes effect after one's death, or
by way of a living trust, which takes effect during one's lifetime.
From "law.com": "An entity created to hold assets for the benefit of
certain persons or entities, with a trustee managing the trust (and often
holding title on behalf of the trust). Most trusts are founded by the
persons (called trustors, settlors and/or donors) who execute a written
declaration which establishes the trust and spells out the terms and
conditions upon which the trust will be administered.
The trust also names the original trustee(s), the successor trustee(s) or
the means to choose future trustee(s). In the case of minor children, the
trust spells out who the named guardians of the children will be. The
Trust also names who will speak for the original trustee if s/he becomes
incapacitated and who will handle their business affairs. If there is no
trust declaration executed before a person's incapacity, then a
conservatorship must be filed with the court (about $5,000) to make
health care and financial decisions for your loved ones -- even your
husband or wife.
Remember, California is a Community Property State; and each spouse
has a one-half interest that must be legally represented upon incapacity
or death. The assets of the trust are usually given to the trust by the
creators and assets may be added by others. During the life of the trust,
profits and sometimes a portion of the principal (called the "corpus") may
be distributed to the beneficiaries, and at some future time (such as the
death of the last trustor or settlor) the remaining assets will be distributed
to the beneficiaries.
A trust may take the place of a will and avoid probate by providing for
distribution of all assets originally owned by the trustors upon their
death. If the property is in the name of your trust upon your death, it
avoids probate. If it is not in your trust name, but in yours, then it must
be probated (about $5,000 to $50,000) for probate costs." Yipes !
Our FAMILY LAW AND FATHERS' RIGHTS DIVISION provides
attorney information from noted attorneys about complete Divorces,
Child Custody, Child/Spousal Support, Domestic Violence TRO's,
Adoptions, Annulments, Legal Separations, Marvin Actions and
Settlement Agreements (where the couple isn't married and acquired real
property and other assets together), Equalization Agreements, Marital
Settlement Agreements, Child/Spousal Support Modifications, Move-
Away Orders and Opposition, Restraining Orders, Out-of-state Issues,
Changes in child custody, visitation, or support, District Attorney
problems, Reduce monthly back child support payments. and remove
driver's license and/or professional license suspensions.
From Law.com: What are the grounds for divorce in California?
"First, it is called Dissolution in California. California is a no-fault state
which means that the Court will not examine which party is at fault in
deciding issues such as the division of community property and support.
There are, however, residency requirements. Either you or your spouse
must have lived in California for the last 6 months, AND the county
where you plan to file the divorce for the last 3 months. If you and your
spouse have lived in California for at least 6 months but in different
counties for at least 3 months, you can file in either county. If you don't
satisfy the residency requirements, then a Legal Separation can be filed.
How do I start the dissolution process? You must file and serve on your
spouse a Petition and Summons. The Petition and Summons must be filed
with the Court before you can serve it on your spouse. You are now the
Petitioner in the action and your spouse is the Respondent. Unless you
qualify for a waiver of the fee, there is a filing fee which at the time of
writing is $320. The Petition and other court forms can be found at www.
courtinfo.ca.gov/forms. If there are children, you also have to serve and
file a UCCJEA declaration regarding the children of the marriage.
What do I do if I am served with a Petition and Summons? As the
Respondent you have 30 days to file and serve a Response. Unless you
qualify for a fee waiver, you must also pay the $320 filing fee. If you do
not file and serve in time your Response, the Petitioner may apply for a
default judgment.
Are there any other consequences of being served with a Petition and
Summons? Yes. First, the date of service starts the clock ticking for the
earliest time when you can get a Judgment of Dissolution. The marital
status of the parties cannot be terminated any earlier than 6 months after
the date when the Petition and Summons were served.
Second, the Summons has automatic restraining orders which are
applicable to both parties. If either party breaks one of these orders they
may be held in contempt of Court.
These orders provide that both parties (1) may not remove either of the
children of the marriage from the State of California without obtaining
the written consent from the other, or a Court order, (2) may not cash,
borrow against, cancel, transfer, dispose of, or change the beneficiary of
any insurance or other coverage held for either’s benefit, (3) may not
transfer, encumber, conceal, or in any way dispose of any real or
personal property without the written consent of the other or a Court
order, except in the usual course of business or for the necessities of life.
Further, if either party wishes to make any extraordinary expenditure,
they must notify the other at least five days before they incur the
expense, and in the event that they make any such expenditure, they
must be prepared to account to the Court. Parties are not, however,
precluded from using community property to pay reasonable attorney
fees in order to retain legal counsel in this action. If one party does not
have money for attorney's fees, then they can make a motion to the court
for an advance of attorney's fees from the spouse if s/he has the ability to
pay which can be proven.
What happens after the Petition and Response is served and filed? The
parties will attempt to agree on issues such as temporary custody and
visitation and temporary child and spousal support. Agreements on these
matters are often incorporated into a written Stipulation and Order and
filed with the Court.
If the parties cannot agree on these issues, they may file an Order to
Show Cause and request the Court to decide these issues for them. If
custody and visitation is in dispute, the Court will first send them to
Conciliation Court where a trained mediator tries to help the parties agree
on a parenting plan. If the parties still cannot agree, the Court will make
a temporary custody and visitation order that is in the best interests of
the children. The temporary order will continue until the parties can
reach an agreement or until custody and visitation is resolved after a trial.
What happens if the parties can agree on all issues? If the parties can
agree on all issues in the dissolution, Great!. That agreement can be
incorporated into a Marital Settlement Agreement or a Stipulated
Judgment. A court appearance is not usually necessary in this situation.
However, the Court will require that each party has made full disclosure
of all assets and liabilities and any business investments or opportunities.
Each party is required file with the Court, a declaration of service, of the
preliminary and final "declaration of disclosure" and proof that they have
served an Income and Expense Declaration (if support of any kind is
involved) and a Schedule of Assets and Debts on their spouses. The final
declaration can be waived by the written agreement of the parties. The
disclosures will list each spouse's community property assets and debts
and separate property. Most disputes involve the extent and valuation of
community property assets. If a spouse tries to hide assets, we can
employ various discovery tools and force the other side or a third party to
turn over financial records.
Do all community assets and debts have to be divided equally? Yes,
generally. There are exceptions such as personal injury awards. This
equal division is usually accomplished by dividing the assets and debts
equally or by awarding an equal value of assets and debts to each party."
FREE Forms and/or Assistance with Forms: There are many free
forms on government sponsored Websites. The problem lies in choosing
the correct form, and filling in the necessary information. TEHACHAPI
COURT SERVICES has several options for you to consider: Attorney
Referral; Non-Attorney Document Preparation; and Self-Help Law Books.
http://www.courtinfo.ca.gov/selfhelp/family/California Superior Court
Official Website for Forms Assistance. We have all three for your
assistance upon request.
Our ESTATE PLANNING DIVISION provides you with attorney
handouts on the subject before you prepare your Wills and Living Trusts.
This section of law applies to the contemplated transfer of assets by one
person to his heirs, either by will, which takes effect after one's death, or
by way of a living trust, which takes effect during one's lifetime.
From "law.com": "An entity created to hold assets for the benefit of
certain persons or entities, with a trustee managing the trust (and often
holding title on behalf of the trust). Most trusts are founded by the
persons (called trustors, settlors and/or donors) who execute a written
declaration which establishes the trust and spells out the terms and
conditions upon which the trust will be administered.
The trust also names the original trustee(s), the successor trustee(s) or
the means to choose future trustee(s). In the case of minor children, the
trust spells out who the named guardians of the children will be. The
Trust also names who will speak for the original trustee if s/he becomes
incapacitated and who will handle their business affairs. If there is no
trust declaration executed before a person's incapacity, then a
conservatorship must be filed with the court (about $5,000) to make
health care and financial decisions for your loved ones -- even your
husband or wife.
Remember, California is a Community Property State; and each spouse
has a one-half interest that must be legally represented upon incapacity
or death. The assets of the trust are usually given to the trust by the
creators and assets may be added by others. During the life of the trust,
profits and sometimes a portion of the principal (called the "corpus") may
be distributed to the beneficiaries, and at some future time (such as the
death of the last trustor or settlor) the remaining assets will be distributed
to the beneficiaries.
A trust may take the place of a will and avoid probate by providing for
distribution of all assets originally owned by the trustors upon their
death. If the property is in the name of your trust upon your death, it
avoids probate. If it is not in your trust name, but in yours, then it must
be probated (about $5,000 to $50,000) for probate costs." Yipes !
Our FAMILY LAW AND FATHERS' RIGHTS DIVISION provides
attorney information from noted attorneys about complete Divorces,
Child Custody, Child/Spousal Support, Domestic Violence TRO's,
Adoptions, Annulments, Legal Separations, Marvin Actions and
Settlement Agreements (where the couple isn't married and acquired real
property and other assets together), Equalization Agreements, Marital
Settlement Agreements, Child/Spousal Support Modifications, Move-
Away Orders and Opposition, Restraining Orders, Out-of-state Issues,
Changes in child custody, visitation, or support, District Attorney
problems, Reduce monthly back child support payments. and remove
driver's license and/or professional license suspensions.
From Law.com: What are the grounds for divorce in California?
"First, it is called Dissolution in California. California is a no-fault state
which means that the Court will not examine which party is at fault in
deciding issues such as the division of community property and support.
There are, however, residency requirements. Either you or your spouse
must have lived in California for the last 6 months, AND the county
where you plan to file the divorce for the last 3 months. If you and your
spouse have lived in California for at least 6 months but in different
counties for at least 3 months, you can file in either county. If you don't
satisfy the residency requirements, then a Legal Separation can be filed.
How do I start the dissolution process? You must file and serve on your
spouse a Petition and Summons. The Petition and Summons must be filed
with the Court before you can serve it on your spouse. You are now the
Petitioner in the action and your spouse is the Respondent. Unless you
qualify for a waiver of the fee, there is a filing fee which at the time of
writing is $320. The Petition and other court forms can be found at www.
courtinfo.ca.gov/forms. If there are children, you also have to serve and
file a UCCJEA declaration regarding the children of the marriage.
What do I do if I am served with a Petition and Summons? As the
Respondent you have 30 days to file and serve a Response. Unless you
qualify for a fee waiver, you must also pay the $320 filing fee. If you do
not file and serve in time your Response, the Petitioner may apply for a
default judgment.
Are there any other consequences of being served with a Petition and
Summons? Yes. First, the date of service starts the clock ticking for the
earliest time when you can get a Judgment of Dissolution. The marital
status of the parties cannot be terminated any earlier than 6 months after
the date when the Petition and Summons were served.
Second, the Summons has automatic restraining orders which are
applicable to both parties. If either party breaks one of these orders they
may be held in contempt of Court.
These orders provide that both parties (1) may not remove either of the
children of the marriage from the State of California without obtaining
the written consent from the other, or a Court order, (2) may not cash,
borrow against, cancel, transfer, dispose of, or change the beneficiary of
any insurance or other coverage held for either’s benefit, (3) may not
transfer, encumber, conceal, or in any way dispose of any real or
personal property without the written consent of the other or a Court
order, except in the usual course of business or for the necessities of life.
Further, if either party wishes to make any extraordinary expenditure,
they must notify the other at least five days before they incur the
expense, and in the event that they make any such expenditure, they
must be prepared to account to the Court. Parties are not, however,
precluded from using community property to pay reasonable attorney
fees in order to retain legal counsel in this action. If one party does not
have money for attorney's fees, then they can make a motion to the court
for an advance of attorney's fees from the spouse if s/he has the ability to
pay which can be proven.
What happens after the Petition and Response is served and filed? The
parties will attempt to agree on issues such as temporary custody and
visitation and temporary child and spousal support. Agreements on these
matters are often incorporated into a written Stipulation and Order and
filed with the Court.
If the parties cannot agree on these issues, they may file an Order to
Show Cause and request the Court to decide these issues for them. If
custody and visitation is in dispute, the Court will first send them to
Conciliation Court where a trained mediator tries to help the parties agree
on a parenting plan. If the parties still cannot agree, the Court will make
a temporary custody and visitation order that is in the best interests of
the children. The temporary order will continue until the parties can
reach an agreement or until custody and visitation is resolved after a trial.
What happens if the parties can agree on all issues? If the parties can
agree on all issues in the dissolution, Great!. That agreement can be
incorporated into a Marital Settlement Agreement or a Stipulated
Judgment. A court appearance is not usually necessary in this situation.
However, the Court will require that each party has made full disclosure
of all assets and liabilities and any business investments or opportunities.
Each party is required file with the Court, a declaration of service, of the
preliminary and final "declaration of disclosure" and proof that they have
served an Income and Expense Declaration (if support of any kind is
involved) and a Schedule of Assets and Debts on their spouses. The final
declaration can be waived by the written agreement of the parties. The
disclosures will list each spouse's community property assets and debts
and separate property. Most disputes involve the extent and valuation of
community property assets. If a spouse tries to hide assets, we can
employ various discovery tools and force the other side or a third party to
turn over financial records.
Do all community assets and debts have to be divided equally? Yes,
generally. There are exceptions such as personal injury awards. This
equal division is usually accomplished by dividing the assets and debts
equally or by awarding an equal value of assets and debts to each party."
FREE Forms and/or Assistance with Forms: There are many free
forms on government sponsored Websites. The problem lies in choosing
the correct form, and filling in the necessary information. TEHACHAPI
COURT SERVICES has several options for you to consider: Attorney
Referral; Non-Attorney Document Preparation; and Self-Help Law Books.
http://www.courtinfo.ca.gov/selfhelp/family/California Superior Court
Official Website for Forms Assistance. We have all three for your
assistance upon request.
TEHACHAPI COURT SERVICES CAFE, copyrighted
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TEHACHAPI COURT SERVICES © 661-822-1994 - 661-300-0048
Paralegal Telecommuting Services For Lawyers -- 42 Years Work Experience,
Including the Law Firms of Adams, Duque AND Manatt, Phelps & Phillips,
Specializing in Chapter 7 Bankruptcy; All Phases of Plaintiff Personal Injury and PI Defense; All
Phases Of Civil Litigation, Discovery & Trial Preparation; All Phases Of Family Law and Marvin
Actions; Revocable Living Trust Packages (Singles & A-B Trusts), Special Needs Trusts, Dynasty
Trusts, Safe Harbor Petitions, Probate, Conservatorships, Guardianships, Adoptions, & Evictions.
BEEN SERIOUSLY INJURED? INSURERS TAKING ADVANTAGE?
California Super Lawyers® R. Rex Parris Law Firm, Lancaster Mayor
661-949-2595 (Click on R. Rex Parris Link above)
Protecting Hard-Working Families
Se Habla Espanol.
We Are An Approved Affiliate. Your Business Alternative -- See Below.
Paralegal Telecommuting Services For Lawyers -- 42 Years Work Experience,
Including the Law Firms of Adams, Duque AND Manatt, Phelps & Phillips,
Specializing in Chapter 7 Bankruptcy; All Phases of Plaintiff Personal Injury and PI Defense; All
Phases Of Civil Litigation, Discovery & Trial Preparation; All Phases Of Family Law and Marvin
Actions; Revocable Living Trust Packages (Singles & A-B Trusts), Special Needs Trusts, Dynasty
Trusts, Safe Harbor Petitions, Probate, Conservatorships, Guardianships, Adoptions, & Evictions.
BEEN SERIOUSLY INJURED? INSURERS TAKING ADVANTAGE?
California Super Lawyers® R. Rex Parris Law Firm, Lancaster Mayor
661-949-2595 (Click on R. Rex Parris Link above)
Protecting Hard-Working Families
Se Habla Espanol.
We Are An Approved Affiliate. Your Business Alternative -- See Below.
