Brad Jefferson Landon's Answers

I asked to ride my friends motorcycle and i crashed it, it was brand new and he had not added insurance yet, do i have to pay?

Your question seems to confuse liability with insurability. Whether or not there was insurance is irrelevant. You are liable to pay your friend because you crashed his motorcycle. With regard to the question of whether or not your friends insurance may cover the motorcycle via some sort of grace period, your friend should immediately contact his/her agent as this question can only be answered by reviewing the policy of insurance. However, bear in mind that coverage will only apply...

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CA divorce form FL-165 question regarding separate property

When completing this section of FL-165 you will only check boxes 2 a-f if you are NOT attaching a form FL-160 property declaration. Since you are proceeding by default, you will need to submit a form FL-160 for your separate property and a form FL-160 for your community property. You will not check box 2(d) because even though you possess the separate property you are asking the court for property (i.e. to award the separate property in your possession to you as part of the judgment). A pure...

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If i am married to a man who owes back child support, is that oney coming from my income as well or are they separate?

Your income should not be considered. In California the income of the child support payor's new spouse “shall not be considered when determining or modifying child support, except in an extraordinary case where excluding that income would lead to extreme and severe hardship to any child subject to the child support award ... ” [Family Code § 4057.5(a)(1) & (2)]. The only exception where the Court may permit consideration of the new mate income in fixing child support is “extreme and severe...

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Community Property and gifted property

As you can see from all of the good answers provided thus far, there is no simple ansewr to your question. That is because of a very important word used by Attorney Michael Douglas Shafer in his answer: "PRESUMPTION" The general rule is that gifts and inheritances are "presumed" to be your separate property. This presumption can be overcome by a number of exception all of which have been touched on in the various answers. Yet another example of how you could lose your separate property...

Restraining order to keep parent that moved out from seeing children?

While there are many situations where a restraining order is necessary to protect a spouse or children from an abusive parent, occasionally I see a parent seek a restraining order based upon false accusations or facts that do not amount to domestic violence. This motivation is perhaps rooted in a parent's desire to seek the "upper ground." In fact, once the Court finds a parent to have perpetrated domestic violence in the past five years that "abusive" parent must overcome a presumption that...

How do I finalize a divorce that was not contested to begin with?

The initial part of your question is unclear. Who is the Petitioner? If your Ex is, then you should not be signing the Petition - that would not make sense. If you are the Petitioner then you would sign it. However, you sound like your Ex presented something for you to sign. More importantly, the Petition is just the beginning of the process and is not the final judgment. You have a lot to do I am afraid. I have serious concerns about your case based upon what you have indicated....

How long is the divorce process after papers have been filed and other party contests?

I concur with Attorney Fink except for one important clarification. The divorce judgment cannot be entered until 6 months after the Petition is SERVED on the Respondent. The date of filing is irrelevant as to the 6 month waiting period. However, there is much to do in the interim so don't waste time. In an amicable divorce all of the paperwork can be done in a matter of weeks and the parties can merely sit back and wait for the 6 month clock to tick away knowing there divorce is done but...

I am still married and would like to speed this along, as I want to remarry fast. My fiance is going to war. How can I do this?

Even if the other side does not cooperate, you can file a Motion to Bifurcate Status and obtain a judgment of divorce as to marital status only. This is a simple and quick procedure. You will still have to litigate over the property, support, etc. but at least you will be divorced. You will have to wait for the 6 month period before you can do this.

If you get a lawyer to represent you in a divorce case and you get a restraining order do you get served or your lawyer does?

Your question is unclear in that I don't know if you got the restraining order against someone or they got it against you. If a restraining order was issued against you then In order for a restraining order to be affective it must be personally served on you. You cannot substitute by serving the attorney even if they agree to accept service. There is no exception to personal service with regard to a restraining order. On the other hand, If you obtained a restraining order against...

Am I liable for 100%??

Contractor's Law and the requirements for a home improvement contract, construction contract, swimming pool contract, etc. can be nightmare to understand and comply with. You are specifically talking about one such requirement - the Notice of Cancellation. Many contractors will argue the court should not strictly construe statutory law and should hold that a contractor's failure to provide an attached Notice of Cancellation is a mere technicality. There are several reasons why this...