Prior to the court making a custody ruling, the parties are required to attend custody mediation. Custody mediation is conducted by Family Court Services at the Santa Barbara Courts. Each party must attend the mediation. Lawyers typically do not attend. Depending on the age of your child, your child may be required to attend mediation and speak to the mediator. Each party will speak with the mediator individually, and then both will speak together with the mediator. The mediator will attempt to come to a custody agreement. If an agreement is reached, the mediator will write up the agreement for both parties to sign. Remember this, YOU ARE NOT REQUIRED TO REACH AN AGREEMENT! If the other party does not agree to a custody agreement that you want, don't agree. The mediator may try and persuade you, but don't agree if you don't believe it is best for you and your children. If you have any questions about custody mediation, call Morales Law today for a free consultation (805) 845-5405.
It may be difficult to determine when a legal document needs to be filed. California Code of Civil Procedure Section 12 states, "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, then it is also excluded. Holidays include Saturdays, in addition to court holidays (CCP § 12(a). If you need a Santa Barbara lawyer, call Morales Law today for a free consultation. (805) 845-5405.
If parents are unmarried, one parent is not favored by law over another. Once paternity is established, the court will make a custody order that is in the best interest of the child. The court can take into a wide range of factors to determine what is in the child's best interest. It is important to hire a skilled attorney who can make a persuasive argument to the court on your behalf. If you are looking for a custody lawyer, call Morales Law today for a free consultation. (805) 845-5405. Our lawyer, Marcus Morales, is accessible to his clients and will make sure your voice heard.
Santa Barbara Divorce Lawyer Marcus Morales discusses rules and tips for depositions in Santa Barbara Divorce and Family Law Cases. TIMING OF NOTICE OF DEPOSITION Code of Civil Procedure § 2025.270. (a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice. NOTE: Be careful how you serve the notice, anything but personal service will extend the notice period. For example, the notice period is extended by five days if served by mail. LOCATION OF DEPOSITION Code of Civil Procedure § 2025.250. (a) Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent's residence, or within the county where the action is pending and within 150 miles of the deponent's residence. TIPS FOR YOUR DEPOSITION If you are being deposed, remember these helpful tips: 1. Only answer the specific question asked. It is human nature to attempt to explain yourself, but don't! Giving more information can lead to unintended consequence which experienced lawyers can turn against you. For example, if the lawyer asks a yes or no question, only say yes or no, do not explain, unless your lawyer tells you to do so. 2. Dont guess. It is ok not to know the answer to a question. But, if you guess at a deposition, it will be taken as a fact and you will be locked into that answer. If the guess turns out incorrect, you credibility will be impeached. Only answer questions that you know the answers to. If you dont the answer, say so! It's perfectly fine! If you have a deposition scheduled in your divorce or family law case and would like more advice, call Morales Law for a free consultation at (805) 845-5405.
A useful tool in any Santa Barbara divorce case is the Demand For Exchange of Expert Witnesses. This document is served on the other party no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date. CCP § 2034.220. Serving this document will require the other party to disclose all expert witnesses they intend to call at trial. If a party tries to call an expert witness that it has not disclosed prior, the court can exclude the witness testimony pursuant to CCP § 2034.300. In a divorce action, experts can include appraisers for homes and assets, vocational experts to determine a party's earning capacity, business valuation experts to determine the value of any business, etc. If you have assets worth protecting or you want to ensure you get your fair share of community assets, call Morales Law today for a free consultation. (805) 845-5405.
SB 1255 will become Family Code § 70 effective January 1, 2017. Family Code § 70 will change the ruling in Marriage of Davis which required divorcing parties to be living in separate residences to be deemed legally separated. The date of separation is important for your divorce case as it will act as a date where generally anything you make or earn after the date of separation is your own separate property and will not need to be shared with the other party. California Family Code § 70 states, "(a) "Date of separation" means the date that a complete and final break in the martial relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed to the other spouse his or intent to end the marriage; (2) The conduct of the spouse is consistent with his or her intent to end the marriage. (b) In determining the date of separation, the court shall take into consideration all relevant evidence. (c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In Re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Nervier (2002) 102 Cal.App.4th 1152." SB 1255 also amends Family Code § 771(a) to delete its "living separate and apart" language, and states, "The earnings and accumulations of a spouse and the minor children, living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse. SB 1255 also amends Family Code §§ 910 and 914, which deal with liability for debts, and refer to the "date of separation" instead of "living separate and apart." What does this means for your divorce case? You do not have to be living in separate residences to be deemed separated. As always, if you are considering legal separation or divorce, call our office at (805) 845-5405 for a free consultation.
If your child is 14 years of age or older, the court must listen to his custodial preference. If your child is under 14 years of age, it is the judge's decision as to whether or not he is of sufficient mental capacity and maturity to make a statement as to custodial preference. If you have a custody matter, please call Morales Law at (805) 845-5405 for a free consultation.
Question: So i've been married for 4 years, my question is will i have to pay alimony to my wife based on those years married? In process of getting divorced i've been married to my wife for 4 years we have a 3 yr old child, we will be living in the same city after full separation. i would just like to know if i would be needing to pay alimony if so what percentage of my income or specific dollar amount each month. Answer: The general rule for marriages not of long duration (10 years or less) is you will typically pay spousal support for half the length of marriage. But, the court has equity powers to make you pay for a longer period of time or a shorter period of time. In regards to the amount, Santa Barbara County uses the dissomaster program in order to determine temporary support, that is the amount after the other party files a Request For Order and before the final judgment. This is based on the income of each party and certain deductions. In regards to a permanent spousal support order, the court must consider all factors listed in family code § 4320 to determine the amount of permanent support to order. My advice, call a lawyer. A lawyer can navigate the system for you and ensure your rights are protected. Best of luck yo you.
In a Santa Barbara divorce case, you will be required to give certain financial disclosures. California Family Code Section 2104 requires the petitioner to serve preliminary disclosures within 60 days of filing the petition with the court. The respondent must serve preliminary disclosures within 60 days of filing the response. What are preliminary disclosures? There is a form for that! See FL-140 (http://www.courts.ca.gov/documents/fl140.pdf). You must serve two years of your most recent tax returns with all attachments. You must also fill out an Income and Expense Declaration, FL-150 (http://www.courts.ca.gov/documents/fl150.pdf). You must serve a schedule of debts and assets, FL-142 (http://www.courts.ca.gov/documents/fl142.pdf). Additionally, look at the FL-140 form for three important questions and additional information you must provide. Once you have served the above preliminary disclosures, you must file a declaration of disclosures, FL-141 (http://www.courts.ca.gov/documents/fl141.pdf). These documents have important legal ramifications. Call your Santa Barbara divorce lawyer, Marcus Morales, for a free consultation. (805) 845-5405.
Santa Barbara Divorce Lawyer Marcus Morales discusses the documents needed to respond to a divorce petition.
Before filing a response to a divorce on your own, you should consider consulting an attorney. Every box you check and every word you write has legal ramifications which you may not aware of. We offer free consultations, give us a call.
If you are going to respond to the divorce petition on your own, you will need to file the following documents:
1. First, you will need to fill out and file a Response to Divorce Petition, Form FL-120. Below is a link to the form that you can fill out and file:
2. If you have children, you will need to fill out an FL-105, UCCJEA Declaration. Below is a link to the form that you can fill out and file:
If you have any questions with regards to responding to a divorce in Santa Barbara, CA, please call Morales Law (805) 845-5405.