Showing posts with label divorce in California. Show all posts
Showing posts with label divorce in California. Show all posts
Saturday, April 18, 2015
Thursday, January 1, 2015
Sample divorce documents for California
Divorce documents for California are now on sale from LegalDocsPro!
LegalDocsPro offers the California dissolution (divorce) document collection which now contains contains over 45 documents with a list price of over $475.00 if you purchased each individual document separately but you can purchase the collection for only $99.99!. This document collection was just updated on December 30, 2014 with 20 new documents and is a great bargain at a discount of over 75% off!
The divorce documents for California dissolution (divorce) cases that are included in this package are:
Bifurcation of Divorce in California newsletter issue
California Child Custody and Visitation Modifications newsletter issue
FREE Legal Research Links for California and Federal law
Motion for Attorney Fees in Divorce Case in California
Sample Custody Stipulation for California
Sample Deposition Notice in California
Sample Evidentiary Objections in California Divorce
Sample Ex-Parte Application for Continuance of Trial Date in California
Sample Ex-Parte Application for Extension of Time to Plead in California
Sample Marital Settlement Agreement
Sample Motion for Reconsideration in California
Sample Motion for New Trial in California
Sample Motion for Set-Aside of Interspousal Quitclaim Deed in California
Sample Motion to Vacate California Divorce Judgment
Sample Motion to Vacate Divorce Judgment for Duress
Sample Motion to Vacate Divorce Judgment for Fraud and Perjury
Sample Motion to Vacate Divorce Judgment for Mistake
Sample Motion to Vacate Divorce Judgment under CCP section 473
Sample Motion to Vacate Property Settlement Agreement for California
Sample Motion to Vacate Stipulation under CCP section 473
Sample Notice to Appear at Trial and Produce Documents in California
Sample Opposition to Motion for New Trial in California
Sample Opposition to Motion for Reconsideration in California
Sample Opposition to Motion to Enforce Settlement Agreement in California
Sample Opposition to OSC to Modify Spousal Support in California
Sample Points and Authorities for Motion to Enforce Settlement Agreement in California
Sample Points and Authorities in Support of OSC to Modify Child Support in California
Sample Qualified Domestic Relations Order in California
Sample Renewed Motion in California
Sample Request for Production of Documents in California
Sample Request for Statement of Decision in California
Sample Responses to Family Law Form Interrogatories in California
Sample Responses to Requests for Production of Documents in California
Sample Stipulation for Bifurcation of Marital Status in California
Sample Supplemental Discovery Request in California
Sample Trial Brief for California Divorce case
Uncontested Divorce in California newsletter issue
For more information on this document collection view and click on the document below.
The author of these sample documents, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.
If you are in need of assistance with any California or
Federal litigation matters, Mr. Burman is available on a freelance basis. Mr.
Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information.
He accepts payments through PayPal which means that you can pay using most
credit or debit cards.
You can view portions of over 300 sample legal documents for California and Federal litigation at http://www.scribd.com/LegalDocsPro
Stan Burman is the author of over 255 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing.
Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.
Follow the author on Twitter at: https://twitter.com/LegalDocsPro
DISCLAIMER:
Please note that the author of these sample documents and newsletter issues, Stan Burman, is NOT an attorney and while the author has taken great care in preparing these sample documents and newsletter issues he cannot guarantee any specific results. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in the sample documents or newsletter issues is NOT intended to constitute legal advice.
The materials and information contained in these sample documents and newsletter issues have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in these documents and newsletter issues is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
Tuesday, December 23, 2014
Renewing a motion in a California divorce case
Renewing a motion in a California divorce case is the topic
of this blog post. Renewing a motion in
California is authorized to the pursuant to the provisions of Code of Civil
Procedure section 1008(b) and has one very useful advantage compared to a motion
for reconsideration in that it is not subject to the 10 day statutory time
limitation imposed on motions for reconsideration. However there is a disadvantage in renewing
motion in that they can ONLY by brought by the party who filed the original
motion.
Code of Civil Procedure § 1008(b) states in pertinent part
that “A party who originally made an application for an order which was refused
in whole or part, or granted conditionally or on terms, may make a subsequent
application for the same order upon new or different facts, circumstances, or
law, in which case it shall be shown by affidavit what application was made
before, when and to what judge, what order or decisions were made, and what new
or different facts, circumstances, or law are claimed to be shown.”
A renewal of a motion may be filed in a divorce, legal
separation or nullity case in California under the provisions of Family Code §
210 which states that, “Except to the extent that any other statute or rules
adopted by the Judicial Council provide applicable rules, the rules of practice
and procedure applicable to civil actions generally, including the provisions
of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil
Procedure, apply to, and constitute the rules of practice and procedure in,
proceedings under this code.”
Certain requirements must be met in order to successfully
renew a motion. The party renewing the motion must make a showing of new or
different facts, circumstances or law since the date of the original order that
the moving party was not aware of and could not have discovered with reasonable
diligence. Failure to comply with the statutory provisions may result in denial
of the renewed motion.
The California Courts of Appeal have stated in several
decisions that a ruling on a motion is not res judicata, and a trial court has
jurisdiction to consider a renewal of a previous motion.
Attorneys or parties
in California who would like to view a portion of a 10 page sample renewal of motion
for a California divorce sold by the author that contains brief instructions, a
memorandum of points and authorities with citations to case law and statutory
authority, a sample declaration and proof of service can use the link shown
below.
View over 300 sample legal documents
The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.
*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.
Follow the author on Twitter at: https://twitter.com/LegalDocsPro
You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx
DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
Saturday, September 13, 2014
A Qualified Domestic Relations Order (QDRO) in California
A Qualified Domestic Relations Order (QDRO) in California is
the topic of this blog post. A QDRO is a judgment or order that is made under
California law and that:
Relates to the provision of support or property rights to an
"alternate payee";
Creates, acknowledges, or assigns to an alternate payee a
right to receive benefits under the pension or retirement plan, and
Meets certain statutory requirements.
Laws were enacted by the United States Congress in 1984 that
made it easier for former spouses to receive a portion of the pension benefits
awarded to them. A QDRO is a court order, separate from a divorce decree,
instructing the Plan Administrator to distribute the share of a former spouse of
the retirement benefits to that former spouse. If a party has been awarded a
portion of their former spouse's pension or retirement benefits, it is very
important that a QDRO be prepared, and as quickly as possible due to the fact
that even if a party is awarded one-half of their former spouse's pension, and
he/she dies without a QDRO on file, they will be entitled to nothing.
The marital settlement agreement awards a party their
community half of the pension or 401(k) Plan and the participant cashes it out,
the employer is obligated to give it to him/her if there is no QDRO. If a QDRO
was not received by the Plan Administrator before the participant actually
retires, the other party loses options and may lose benefits!
Not every pension and 401K plan requires a QDRO. Parties
should contact both their and their spouse’s human resource department or retirement
plan administrator to determine if they need one. Most mid-size to large
companies are quite familiar with answering inquiries If so, the draft QDRO
must first be approved by the actual plan before it can be submitted to the
Court for approval. This process may proceed quickly or may be delayed for
several months depending on the company. After the company approves the QDRO
both spouses will need to sign it and it will then be submitted to the Court
for the Judge's signature. The order is then sent to the retirement plan
administrator for implementation.
Attorneys or parties
in California who would like to view a portion of a 9 page sample Qualified
Domestic Relations Order sold by the author can use the link shown below.
*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.
Follow the author on Twitter at: https://twitter.com/LegalDocsPro
You can view other sample legal document packages for sale by visiting: http://www.legaldocspro.com/downloads.aspx
DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
Friday, March 30, 2012
Drafting a marital settlement agreement (MSA) in California
A California marital settlement agreement (MSA) is the topic of this blog post.
http://www.legaldocspro.com/blog/divorce-settlement-agreement-in-california/
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