edwardmisleh
5 views | +0 today
Follow
Your new post is loading...
Your new post is loading...
Scooped by Edward Misleh
Scoop.it!

California Law and Military Divorce Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

California Law and Military Divorce Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Sacramento Child Protective Services (CPS) Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

Sacramento Child Protective Services (CPS) Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Sacramento Family Law Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

Sacramento Family Law Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Sacramento Divorce Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

Sacramento Divorce Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

The Simple Divorce in California Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

The Simple Divorce in California Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
Edward Misleh's insight:
The Simple Divorce in California

For marriages that are less than five years old, there are no children resulting from the marriage and, you have limited debts.  Either spouse can file as long as the filing spouse, known as the Petitioner, has lived in California for the last 6 months and files in the county where they have lived for the last 3 months.

 

Limited debts means that neither spouse has purchased real property during the marriage;  no homes, commercial buildings, or undeveloped land.  You can have a lease, but it cannot have an option to purchase and, the lease must end within one year from the date of filing.  Additionally, neither spouse can have incurred more than $6,000 in debt since the beginning of the marriage (not to include car payments).  All community property debts must be no more than $38,000.00.

 

Community property is all the assets and debts acquired or earned during marriage.  This includes any deferred compensation made to a 401k or retirement plan made during the marriage but, again, excludes car payments.

 

For your simple divorce, both spouses must sign a property settlement agreement, which divides all community property between the two of you, and all the necessary paperwork which will make this agreement effective (transfers of titles and/or bills of sale).

 

Both spouses must agree to waive any right to spousal support and your right to appeal once the court enters a judgment for your simple divorce.

 

Six months after the filing of your petition for summary dissolution, the court will enter a judgment that dissolves your marriage.  At that point, your marriage is over and your property settlement agreement goes into effect.  It is at this time that you are also free to remarry.

 

Either spouse can stop the process of obtaining a simple divorce by filing a Notice of Revocation for Summary Dissolution within the six-month waiting period.  This often happens when couples reconcile, or if one spouse decides to pursue a regular divorce (often done to receive spousal support).  One spouse can file to revoke the simple divorce and then re-file for a regular divorce.  Additionally, either spouse can also file a motion to set aside a simple divorce, even after the six-month waiting time, if the divorce was a result of fraud, mistake, or some other injustice.  However, this will require a court appearance.

more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Lawyer and Law Firm of Edward Misleh at Sacramento

Lawyer and Law Firm of Edward Misleh at Sacramento | edwardmisleh | Scoop.it

We at the law office of Edward Misleh represent cases related to divorce, family law, criminal law, civil litigation and business law. Our Law Firm at Sacramento provides you experienced and versed Lawyers to solve your law cases at a quick time period.


Contact: 1000 G Street, Suite 125

Sacramento, California 95814

Phone no: 916-443-1267


E-mail: info@edwardmisleh.com


Website: http://www.attorney-sacramento.com/

more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

California Legal Separation Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

California Legal Separation Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Getting Out of a Bad California Marriage Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

Getting Out of a Bad California Marriage Attorney in Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Sacramento Estate Planning Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

Sacramento Estate Planning Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
Edward Misleh's insight:

Declarations of Disclosure

During your California Divorce, you will have to file Declarations of Disclosure before the court can enter a judgment.  There are two types;  Preliminary Declarations of Disclosure (PDDs) and Final Declarations of Disclosure (FDDs).

 

I often find that divorcing parties pay little attention to these documents, their reason being that it is bothersome or intrudes on their personal financial affairs.  Unfortunately, a party who does not take the time to carefully prepare these documents, often finds their claims for child spousal, spousal support or marital assets severely reduced.  Further, incomplete or inaccurate declarations can result in further court actions to include, setting aside a judgment and sanction.  California Family Law statutes state that each party must make a full and accurate disclosure of all assets and liabilities in which one or both parties have, or may have an interest in, at the early stages of a proceeding for dissolution of marriage, regardless of the characterization as community or separate, together with a disclosure of all income and expenses of the parties.  These documents are referred to a your Preliminary Declarations of Disclosure.

 

Continuing Duty to Update

Each party is required to make disclosures that are complete and accurate and to file an income and expense statement that reflect the party’s current financial situation.  Moreover, each party has a continuing duty to immediately, fully, and accurately update and augment their disclosures to the extent that there have been any material changes so that at the time the parties enter into an agreement for the resolution of any of these issues, or at the time of trial on these issues, each party will have a full and complete knowledge of the underlying facts.  In short, not only are you required to make initial disclosure but you are required to notify the other party of any material change in your financial situation.

 

Preliminary Declaration of Disclosure

Your declaration must be complete and accurate and given to the opposing party.  It does not get filed with the Court instead, you must file with the court a declaration stating that you have exchanged this information with the opposing party.

 

Final Declaration of Disclosure

These documents do not need to be exchanged nor filed with the court if you are proceeding with a default divorce and have entered into a Marital Settlement Agreement with the opposing party.  Remember, this does not relieve the Petitioner’s obligation to complete and serve Preliminary Declarations of Disclosure to the defaulting Respondent.

 

Filing requirements

Preliminary Declarations of Disclosures must be filed with the initial petition or shortly thereafter.  Final Declarations of Disclosure must be filed no later than 45 days before trial.

 

Standard of Care

Your Preliminary Declarations of Disclosures must be made with sufficient particularity so a reasonable person of ordinary intelligence is able to ascertain the contents in the disclosure.  There is no stated standard for Final Declarations of Disclosure but, any disclosure can be scrutinized as a preliminary disclosure and therefore, the same standard of care would apply.

 

Contents of Disclosures

In your Preliminary Declarations of Disclosures, you must identify and disclose any and all assets and liabilities regardless of characterization, i.e. any asset or liability that may be classified as either community, quasi-community, or separate property.  For your Final Declarations of Disclosure, you must disclose all material facts and relevant information, such as:  the characterization of assets and liabilities;  the value of assets that are alleged to be community or quasi-community property or, any asset or liability in which there may be a community interest;  amounts owed on any alleged community liability;  a current income and expense declaration.

 

Waiving Disclosure

You cannot waive the filing of your Preliminary Declarations of Disclosures.  Final Declarations of Disclosure can be waived by agreement.

more...
No comment yet.
Scooped by Edward Misleh
Scoop.it!

Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA

Sacramento Attorney | Full Service Law Firm | Free Legal Consult | Sacramento CA | edwardmisleh | Scoop.it
Sacramento Lawyer. Bankruptcy, Foreclosure, Debt Consolidation, Divorce, Family Law, Personal Injury, Business Law, DUI, Criminal Charges, Estate Planning, Eviction, Immigration, Civil Rights.No charge for initial consultation.
Edward Misleh's insight:
What to Do When Your Spouse Fails to Pay Spousal Support

If your ex-spouse has lost their job or is suffering from an illness or injury, you may want to consider agreeing to a modification or suspending spousal support until your spouse is able to return to work.

 

However, if your spouse is simply trying to avoid paying spousal support, you will need to take them back to court where a judge can take one of several action;  find your ex-spouse in contempt,  order that part of the ex-spouse’s income be withheld;  or, order a judgment with interest.

Contempt

Disobedience of a court order.  The judge must find that your ex-spouse was intentionally attempting to avoid paying spouse support.  This can be found if the ex-spouse is receiving income that is not being reported to taxing authorities;  hiding assets purchased with cash which prove a substantial income;  transferring property to others which were paid for by the ex-spouse;  or, creating questionable loans to others.  If the judge finds your ex in contempt, the first punishment will most likely be an order to pay the overdue support and possibly an additional fine.  Should your ex-spouse continue to disregard the court orders, they could be ordered to serve time in jail.

 

Income Withholding

Many spousal support orders include an income withholding order, which requires your ex-spouse’s employer to withhold spousal support from your ex-spouse’s  paycheck and send it directly to you or a California agency (if you are receiving state benefits).  You will continue to receive spousal support as long as your spouse remains employed.  Unfortunately, income withholding orders won’t work if your ex-spouse is self-employed.  However, you can request the court to order your ex-spouse to set up a trust account for you should you not receive your spousal support payments on time.

 

If your spouse is willfully unemployed, you can ask for a seek-work order and request the court to impute income on your ex-spouse based on their earning capacity.

 

Writ of Execution

A court can award you a portion of your ex-spouse’s bank accounts, CDs, and other assets for their failure to pay spousal support.

 

Judgment and Interest

If your ex-spouse has failed to pay you spousal support and the amount is now substantial, you can ask the court to issue a money judgment against your ex-spouse for the total amount owed, along with interest.  This judgment can then be used to levy on any property or account held by your ex-spouse.

more...
No comment yet.