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Civil Law in San Luis Obispo

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Civil Law in
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3 Strategies To Know You've Picked The Proper Lawyer It's pretty intimidating to go through the court system, especially if you lack confidence with your legal team. Listed here are three important approaches to realize that you've hired the best lawyer: 1. They Specialize In Your Form Of Case The law is normally tricky and this requires specialists to tackle the tough cases. When you want an attorney, seek out person who handles the challenge you're facing. Even when a relative or friend recommends you utilize a strong they know, should they don't use a focus that's just like your case, keep looking. Whenever your attorney is an expert, specifically in the hassle you're facing, you understand you've hired the best one. 2. The Lawyer Has A Winning Record Depending on the circumstances, it could be difficult to win a case, especially if the team working for you has hardly any experience. Try to find practices that have won numerous cases that relate to yours. While this is no guarantee that you just case is going to be won, it will give you a much better shot. 3. They Listen And Respond When the attorney you've chosen takes time to listen for your concerns and react to your inquiries, you've probably hired the right choice. Regardless how busy they may be or how small your concerns seem from the perspective, it's crucial that they react to you in the caring and timely manner. From the purpose of take a look at a common citizen who isn't knowledgeable about the judicial system, court cases may be pretty scary you require updates as well as to seem like you're section of the solution. Some attorneys are just considerably better to your case than others. Ensure you've hired the most appropriate team for your circumstances, to actually can put the matter behind you immediately. Faith in your legal representative is step one to winning any case.

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Legal Advice? And Lying Under Oath?
Long Story Short. Me And My Gf Now Ex Got Into Arguement She Stated I Came In Her Room And Raised Fist At Her Face To The Order Of Protection And Was Spitting While I Was Talking. I Got Copy Of Police Report Yesterday And Her Story Was She Came Out Of Room Threw My Pictures On The Floor And I Raised Fist In Her Face Well I Sat Down With Chief Of Police And He Said These Stories Dont Match Up. I Also Have Her Brother In Law Coming To Testify For Me Because When I Did Knock On Her Door. I Was Only Telling Her That Her Sister In Jail. Lets Just Say She Got Caught Lying And Sworn Statement Is Made Up The Cops Told Me Thats Up To Judge Now But It Is Lying Under Oath. I Had To Leave Residence And Been Gone For 14 Days Now. Even Though Im On Lease. And She Lied About That Too. Please Give Real Advice.

My advice would be to rewrite your question and proofread it carefully before you post it. Your question is too convoluted to be able to follow properly.

But DV issues are usually he said/she said. And usually neither one is telling the whole truth. If you are claiming that your ex-gf told two different stories (again, it would be helpful for you to proofread before you post so issues like this would be clear), that is also fairly common. Does it go to her credibility? Sure. But does it mean a judge will automatically conclude she is lying? Not necessarily. Mistakes are not "lies" and all she has to do is say she was confused or whatever.

If you think she is going to face perjury charges for lying, you would be mistaken.

Because I can't figure out the specifics of what you are saying and because you didn't ask a specific question, I don't know what advice you need.

Cheap, Decent, Divorce Lawyer?
I Live In Minneapolis, Mn And Am In Need Of A Divorce Lawyer That Doesn't Require A Retainer. I Don't Have Much $ And Want Someone That Will Work With Me In Responding To A Summons And Petition And Making Changes In What My Husband In Requesting. He Owns A Home And 401K And Is Asking For All Equity On The Home And Asking He Keep The Truck. I Know I'm Entitled To A Portion Of The Equity Acquired On The Home, And Half Of His 401K, But Don't Have Any $ For A Lawyer Right Now, And I Only Have 30 Days To Respond To The Summons And Petition. What Do I Do?

Start asking people you know that have been divorced for advice on lawyers in your area.

The equity I can understand, but why the 401K? Unless you have been married for 10+ years and depending on it to retire...

Father'S Visitation Rights......?
I Am Asking This Under My Wife'S Log On.....I Lost A Battle For Visitation Rights To My Son Due To Having A Really Bad Attorney....I Pay Child Support, Paid My Ex'S Mediation Fees, Paid Half Of The Medical Bills For My Son, Paid For The Paternity Test....I Did Everything I Was Supposed To Do....Her Defense Was My Irresponsibility Due To My Age (I Am 23, She Is 33) And She Said In Court That I Was A Convicted Felon (Burglary Charge When I Was 13 Years Old) And My Attorney Did Not Say A Word To Defend Me....Sooooo....I Got Only Every Other Weekend Visitation (No Holiday, Birthdays, Father'S Day, Nothing) And She Got Sole Parental Responsibility.....We Were Not Married (In Case Anyone Asks), It Was A One Night Stand But I Am Trying To Take Repsponsibility And Be In My Son'S Life.....The Question Is.....Should I File For A Modification Of Final Judgment???? I Want My Son!!!

I am an attorney and have done family law, so I'll give you some answers based on my experience. First, maybe you did have a bad attorney, but you got a pretty standard deal. The only thing I can see which might not be standard is paying the mom's mediation fees, but that's minor. As far as your attorney not jumping up and defending you when the other attorney said that you were a convicted felon, don't worry about it. The judge is not stupid. The judge probably had paperwork indicating that you were thirteen when it happened, and it was a burglary, and that's why your attorney didn't explain that. As far as the amount of visitation time you got, every other weekend, I would say that is probably because your son is still a baby. If the judge thought that you were convicted of child molestation or something, you would have gotten no visitation. Regarding filing for modification of visitation, most states have a minimum amount of time which must go by before you can file for a modification. And actually, most couples do not follow their visitation order to the letter anyway. If you faithfully and responsibly visit your son and show this mom, who it sounds like you barely know, that you are going to be a good parent, maybe you can work something out with her informally. Most moms of toddlers would be THRILLED to have someone they trusted show up to take the child to the park, to the zoo, whatever.
I applaud you that you are determined to be a good dad to this little guy. I now know many, many of these one-night stand kind of mom and dad and baby situations, and actually they can work out great. A lot of these dads are really stepping up to the plate and being dads to these kids. And it seems like it might be an advantage that the mom and dad don't have a dating history. There aren't a lot of hard feelings. Keep on doing what you are doing. This little boy needs you.

Need Legal Advice But I Dont Have Money?
Does Anyone Know A Family Court Lawyer I Can Talk To, Just For Legal Advice? I Don'T Have Any Money To Speak Of. However, I Really Need To Know My Rights So I Can Handle My Case Legally.

You need to find your nearest legal aid. Lawyers do not provide legal advice for nothing, just as butchers and bakers and candlestick makers don't provide their product for free.

I'm sure you'll see several people advising "most lawyers will provide a free 1 hour consultation", since that's the prevailing myth. In fact, a lawyer will meet with you to discuss how they can help you, they will not advise you on how to handle your own case.

What'S The Divorce/Custody Process In Pa?
I Was Married In Nj 1 Yr An 7Mo. Ago And We Now Currently Live In Pa. Things Are Really Rocky And I Know It Won'T Change. He Agree'S On The Divorce And We Really Dont Own Anything (We Rent, Separate Bank Accts., We Have No Debt Together) We Cant Afford Fancy Lawyers. And I Think The Only Bump In The Road Of This Process Would Be The Custody Of Our Son. I'M In Agreement Of Visitations Because My Son Has Right To Know His Father, But I Want Full Custody. Maybe This Is Wishful Thinking But I Think This Is A Mutual Agreement That Will Go Smoothly. Any Thoughts On How I Can Get Started? Will I Need A Lawyer Or Can I Do This Process On My Own?

State Divorce Laws: Pennsylvania

Residency and Filing Requirements: In order to file for a divorce in Pennsylvania, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

Either spouse must be a resident of the state of Pennsylvania for at least six months prior to filing. A proceeding for divorce or annulment may be brought in the county: 1.where the defendant resides; 2.if the defendant resides outside of this Commonwealth, where the plaintiff resides; 3.of matrimonial domicile, if the plaintiff has continuously resided in the county; 4.prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or 5.after six months after the date of final separation, where either party resides. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3104)

Grounds for Filing: The Complaint for Divorce must declare the appropriate Pennsylvania grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

No-Fault Grounds:
Mutual consent.--The court may grant a divorce where it is alleged that the marriage is irretrievably broken and 90 days have elapsed from the date of commencement of an action under this part and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.

Irretrievable breakdown.-- The court may grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and an affidavit has been filed alleging that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievably broken.

Fault Grounds:
1.Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. 2.Committed adultery. 3.By cruel and barbarous treatment, endangered the life or health of the injured and innocent spouse. 4.Knowingly entered into a bigamous marriage while a former marriage is still subsisting. 5.Been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime. 6.Offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3301)

Counseling or Mediation Requirements: The court may order the parties to attend an orientation session to explain the mediation process. Thereafter, should the parties consent to mediation, the court may order them to mediate such issues as it may specify.

The court shall adopt local rules for the administration of the mediation program to include rules regarding qualifications of mediators, confidentiality and any other matter deemed appropriate by the court.

The court shall not order an orientation session or mediation in a case where either party or child of either party is or has been a subject of domestic violence or child abuse at any time during the pendency of an action under this part or within 24 months preceding the filing of any action under this part.

The Supreme Court shall develop model guidelines for implementation of this section and shall consult with experts on mediation and domestic violence in this Commonwealth in the development thereof. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3302 and 5303)

Filing Spouse Title: Plaintiff. The Plaintiff is the spouse who initiates the filing procedure with the family law or domestic relations court.

Non-Filing Spouse Title: Defendant. The Defendant is the spouse who does not file the initial divorce papers, but rather receives them by service.

Court Name: Court of Common Pleas, __________ County, Pennsylvania. This is the Pennsylvania court where the divorce will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not limited to: property and debt division, support, custody, and visitation. The name of the court is clearly represented at the top of all documents that are filed.

Primary Documents: Complaint for Divorce and Decree of Divorce. These are the essential documents needed to start and finalize a divorce according to Pennsylvania law. There are anywhere from ten to twenty other documents that may be required throughout the filing process. A few other documents that are typically filed during the process are: Affidavit of Verification, Domestic Relations Income and Expense Statement, Notice to File Social Security Numbers, Marital Settlement Agreement , Acknowledgement, and Praecipe to Transmit Record.

Court Clerk's Title: County Clerk's Office of the Court of Common Pleas. The clerk or the clerk's assistants will be the people managing your paperwork with the court. The clerk's office will keep the parties and the lawyers informed throughout the process in regards to additional paperwork that is needed, further requirements, and hearing dates and times.

Property Distribution: Since Pennsylvania is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

In an action for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such proportions and in such manner as the court deems just after considering all relevant factors, including: 1.The length of the marriage. 2.Any prior marriage of either party 3.The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. 4.The contribution by one party to the education, training or increased earning power of the other party. 5.The opportunity of each party for future acquisitions of capital assets and income. 6.The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 7.The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker. 8.The value of the property set apart to each party. 9.The standard of living of the parties established during the marriage. 10.The economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective. 11.Whether the party will be serving as the custodian of any dependent minor children.

Lien.-The court may impose a lien or charge upon property of a party as security for the payment of alimony or any other award for the other party.

Family home.-The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence.

Life insurance.-The court may direct the continued maintenance and beneficiary designations of existing policies insuring the life or health of either party which were originally purchased during the marriage and owned by or within the effective control of either party. Where it is necessary to protect the interests of a party, the court may also direct the purchase of, and beneficiary designations on, a policy insuring the life or health of either party. (Pennsylvania Consolidated Statutes - Title 23 - Sections: 3501, 3502, 3505)

Spousal Support: Not all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court's discretion.

Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.

Factors relevant in determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including: 1.The relative earnings and earning capacities of the parties. 2.The ages and the 3.The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. 4.The expectancies and inheritances of the parties. 5.The duration of the marriage. 6.The contribution by one party to the education, training or increased earning power of the other party. 7.The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. 8.The standard of living of the parties established during the marriage. 9.The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. 10.The relative assets and liabilities of the parties. 11.The property brought to the marriage by either party. 12.The contribution of a spouse as homemaker. 13.The relative needs of the parties. 14.The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations

Can Criminal Attorneys Become District Attorneys?
Or Is There A Clause That Says They Can't? Or, Is It Just A Pretty Stupid Thing To Do?

I'm assuming that you mean criminal defense attorneys becoming the politically elected district attorney.

Many assistant district attorneys (not politically elected, but hired by the DA's office) were once criminal defense attorneys, and many politically elected district attorneys were likewise defense attorneys, but the politically elected ones would do well to have prosecution experience, because otherwise it would be a good attack ad by the other side saying that you're only experience in criminal law was defending criminals and not trying to put them in jail.