Brook Ann Radelfinger’s Answers

Brook Ann Radelfinger

San Francisco Family Law Attorney.

Contributor Level 3
  1. "All other orders not modified shall remain in full force and effect. Counsel for (P) to prepare order or judgment." ???

    Answered about 1 month ago.

    1. Brook Ann Radelfinger
    2. Robert Andrew Michael Burns
    2 lawyer answers

    An Order and a Judgment are two different types of judicial rulings. A judgment is usually granted only at the end of the case, and in family law cases it is the document that finalizes all of the rulings in the case and terminates the marital status (unless it is a bifurcated judgment, which is an exception). An order is the Judges' decision after a motion or on a particular issue, either pre or post judgment. Whichever form the ruling takes it should only cover those issues that were...

    3 lawyers agreed with this answer

  2. SOC Dates and Status Conference Call

    Answered about 1 month ago.

    1. Brook Ann Radelfinger
    2. Robert Andrew Michael Burns
    2 lawyer answers

    I am not quite sure what you mean by a SOC, are you referring to the Request for Case Resolution Conference or the Request for Voluntary Settlement Conference? Regardless, the answer would be as many days as it takes your lawyer to submit the request to the Court, plus the time they take to process it and assign the date. The person this question should be addressed to is your lawyer. I would suggest a simple, polite email just asking him or her if the date for the conference has been set...

    2 lawyers agreed with this answer

  3. My name is Estella Alvarez my ex says we are divorced all I have is this case number 441486 can someone please help me?

    Answered about 1 month ago.

    1. Edna Carroll Straus
    2. C. Zadik Shapiro
    3. Brook Ann Radelfinger
    4. Robert Andrew Michael Burns
    5. Tony Anthony
    5 lawyer answers

    I agree with the other attorneys who answered this question that you need to seek local legal counsel to help you. I did check the court index in Stanislaus County, and the case number you gave is listed as a child support action, not a dissolution of marriage. The name of the case I found was STANISLAUS COUNTY OF VS ALVAREZ, ESTELLA, and it looks like a child support Judgment was entered by default against you in November 2011. (See https://www.stanct.org/case-index-lookup). The court does...

    1 lawyer agreed with this answer

  4. Hi Sirs! I am going to make a Prenuptial Agreement. Please advise us whether we need the attorney or just a notary public. Tks!

    Answered about 1 month ago.

    1. Michael Ross Lykken
    2. Edna Carroll Straus
    3. Brook Ann Radelfinger
    4. Tony Anthony
    4 lawyer answers

    If what you listed in your question is a draft of your agreement, then you definitely need an attorney since what you have there would not be an enforceable agreement under the CA law for spousal support waivers as it exists now. As mentioned by other attorneys who answered the question CA law sets out very specific rules both for the agreement and for the financial disclosures before the agreement is negotiated, particularly for spousal support waivers. And to correct a popular...

  5. If the court decides that I must pay for an Epstein claim against me, will the court garnish my wages if I don't pay?

    Answered about 1 month ago.

    1. Robert Andrew Michael Burns
    2. Brook Ann Radelfinger
    2 lawyer answers

    I agree with Mr. Burns in that this characterization of the final issue does not sound accurate. At the actual trial of a family law dissolution case, all issues that have not been resolved previously by a signed agreement that have been listed in the "at issue" memorandum (and sometimes others, if the Judge allows them) are actually before the Court. Please don't think you have settled all of the other issues based on prior global settlement discussions, as you could be in a very dangerous...