Archived
I am married, my house is in foreclosure process and I am overwhelmed by debt. What can be taken from me if I file bankruptcy?
Antoinette's answer
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Answered on May 14, 2013
In California, you can use either your homestead exemption or the wild card -- about $22- 23,000. If you property is underwater, you can keep about...
Archived
What challenges a prosecutor and defence attorney can use to ensure the impartiality of a jury that is being empanelled
Antoinette's answer
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Answered on May 13, 2013
Not sure what your question is. However, each side gets the same number of peremptory challenges during jury selection. That means they can excuse...
I waived my spousal support in CA divorce,could that be appealed? Marriage of 35 yrs,62 yr.old Woman.
Antoinette's answer
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Answered on May 13, 2013
If you truly waived spousal support as opposed to reserving the issue of spousal support, you cannot now ask the court to order it. Not knowing all...
What happens to a defense attorney when his client admits to murdering a child can he disclose the information in court or other
Antoinette's answer
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Answered on May 13, 2013
Any communication between an attorney and client is privileged. The admission that a crime was committed, even if that crime is murder, cannot be...
Archived
Can I, a parent with sole legal and physical custody, record my teenager's phone calls to be used in sessions with his therapist
Antoinette's answer
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Answered on May 13, 2013
No - to do so without the consent of both parties to the conversation violates state and federal wiretapping statutes. You could subject yourself...
Archived
It seems that an fee agreement is obligatory?
Antoinette's answer
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Answered on May 13, 2013
In California, written agreements are required for any fee greater than $1000. Some attorneys do fee agreements and some use letter agreements. It...
Archived
Is there a "common Law Marriage" in California?
Antoinette's answer
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Answered on May 11, 2013
There is no common law marriage in California. You should be entitled to child support.
Archived
Is there really a statue of limitations on a foreclosed primary home for the 2nd that was a equity line of credit?
Antoinette's answer
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Answered on May 11, 2013
The statute of limitations as to a written contract is 4 years. The lender may not be able to go after you personally however the lien remains on...
Archived
What are the laws of getting hearsay admitted as evidence. This is for a child custody case in California.
Antoinette's answer
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Answered on May 11, 2013
Hearsay is not admissible unless it fits into one of the evidentiary exceptions. Often times the judge will talk to the children in chambers...
Archived
Can I introduce hearsay from our children in a custody case in California?
Antoinette's answer
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Answered on May 11, 2013
Hearsay is not admissible unless it falls into one of the hearsay exceptions. The children would have to testify if the court finds them competent...
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