Is the balance of my retirement account prior to marriage subject to being split in the event of a divorce

The community property law in California says that everything earned or acquired during marriage is “community property.” Separate property, on...

What would persuasive arguements be in excluding hearsay evidence consistent with Cal. Evid Code Sec 1271.

This is an interesting legal problem! How does one effectively persuade a judge to do, or not to do, anything? First, you need to have a good...

I am representing myself so far in a civil medical malpractice case. CMC was continued but one defendant didnt show.

You need to send Notice of the new CMC date to the defendant who was not there. Best of luck to you. Attorney Rebekah Ryan Main If you...

I don't believe Plaintiff's attorney isn't fully communicating my settlement efforts to the Plaintiff.

You are precluded by ethical rules from contacting a party who is represented by an attorney directly. If you do contact the opposing party...

I need more info what courts say a motion to dismiss bought pursuant to f.r.c.p. 12(b)6 test the legal sufficieny of the

That means that a plaintiff must plead (affirmatively state the existence of) facts – not just conclusions – that if proven would entitle the...

My son's father's MO is to call and threaten me to close child supp case or he will file for joint custody & visitation.

First, don’t worry too much about what he threatens. If he files for custody then you can respond to that. The law says that judges must give...

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Should a Proof of Service by mail be signed?

This is a good question. When the proof of service is signed, the person signing is swearing under penalty of perjury that the documents being...

Question is about child support checks?

I am sorry for your loss. You should understand that child support money is not “for” you; it’s for your support. The support was probably paid...

I have a judgement against my ex for child support. The amount due has accumulated over the past 5 years or so. Our child is 8

Not paying child support can have very serious consequences. If the court finds that someone has the ability to pay support but is willfully not...

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Joint legal custody; Is my child's therapist required to give me information?

Legal custody should give you access to information and participation in decision making. The choice to put a child in therapy, and the choice of...