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James Louis Miller

James Miller’s Legal Guides

14 total


  • Automatic Temporary Restraining Orders (ATROS)

    Many people do not realize when they file and serve a Petition for Dissolution, Separation, Nullity or Paternity action the Summons that is issued contains Automatic Temporary Restraining Orders (ATROS), which apply to both parties. Violation of these orders has taken up countles...

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  • California Summary Dissolution

    Family Code 2400 provides for a Summary Dissolution, which basically and short and easy way to divorce one another. Summary dissolution of marriage is a proceeding through which some married couples may file a joint petition and obtain a divorce without a court hearing. Requirements:

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  • Where to File for Divorce (Proper Court)

    Family Code 2320 states, A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petit...

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  • Summons Temporary Restraining Order

    Many times when a party is served a summons and petition for dissolution their first instinct is to grab the money and property for themselves. This attitude will get you in hot water. When you look at the summons you will see Standard Family Law Restraining Orders on page 2. The...

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  • You Can't Just Pack Up Your Child and Move

    Often your custody orders will state that you must notify the other parent if you are planning to change the residence of the child for more than 30 days. If the parents do not agree on the move Family Code §3024 dictates what the parent changing the residence of the child must do.

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  • When Can a Child Voice Their Preference in Custody Disputes

    Family Code 3042 and Evidence Code 765 cover the preference of the child, and the child as a witness. As you will see when you read it there is no firm rule, in fact there are factors the court will look at.Sufficient age and capacity are the factors the court will look at along...

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  • Date of Separation: California

    Everyone has heard the term date of separation (DOS) and knows that any property acquired or income earned after the DOS is the separate property of the party. What many dont know is how the court determines the DOS if there is a dispute.How does one prove the complete and final ...

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  • California Date of Separation

    Everyone has heard the term date of separation (DOS) and knows that any property acquired or income earned after the DOS is the separate property of the party. What many dont know is how the court determines the DOS if there is a dispute.How does one prove the complete and final ...

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  • Grandparent's Visitation Rights in California

    Family Code 3103, http://law.onecle.com/california/family/3103.html, speaks of grandparents visitation rights. The code states that the courts may give grandparents reasonable visitation if it is in the best interest of the child. The factors for determining the best interest of...

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  • How to Get Funds From a Court Ordered Blocked Account

    This is an article from the Sac. Law Library, which I have edited. A blocked bank account is a bank account created by court order which requires a court order to withdraw funds. They are often created to protect money awarded in a judgment to a minor (either in the personal inju...

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