Our Practice

 ​Recognizing that not everyone can afford an attorney to fully represent them during their family law case, we provide both consulting services and limited scope representation.  

   Consulting services provide you with guidance at any stage of the family law process, give you legal advise, discuss the issues relevant in your case, review documents, as well as advise you in preparing legal documents in your name, on an as-needed basis.  As you work through the issues in your matter, questions may arise as to what is the best course of action for you and your family.  There is no end to the questions that may arise for you.  This consultation gives you legal advise specific to you, your issues, and your goals so that you can move forward.  This helps you put your best foot forward in negotiating for yourself, with proposals, responses to proposals, strategizing, and establishing priorities.  It is very important that you should not sign any agreement before it is reviewed by an attorney.  Most marital settlement agreements are quite lengthy and confusing.  There is no substitute for reviewing each section with your own attorney to ensure the agreement is correct and to save you from costly mistake and misunderstandings that may affect you in the future.  This consulting also assists you through mediation process and reviewing documents prepared by your mediator to ensure you understand your rights and enabling you to move forward in the mediation.  Having a consulting attorney on an as-needed basis during your divorce or mediation process for legal advice, coaching, and document is well worth the expense and will help you achieve the best possible outcome in your divorce.  

A  Limited Scope Representation is also called "Unbundled Legal Services."  This is our limited involvement in your case, leaving some responsibilities to you in order to save you money and give you control over the process and strategy decisions.   We can help you with the parts of the case where you need help.  We provide "ghost-writing" of legal documents and correspondence at your discretion, without formally  appearing in court.  We serve legal documents on opposing parties, on opposing counsel, and file your documents with the court, We offer legal coaching and strategy for clients who want to represent themselves in court.   Should you intimately decide that you want the attorney to appear with you in court, we can also provide this service to you.  This reduces the amount of time the attorney spends on the case and therefore, reduces your cost.  This is an option between consultations and full representation.   ​Ultimately, you control your case and we are available as much or as little as you request.  

Full Representation is one of the most common choices because it ensures that an experienced California divorce attorney will be with you every step of the way during the divorce process.   Your attorney will handle all communications with your spouse's counsel, assist in gathering information, prepare all of your legal documents,  and appear in court on your behalf.   Your attorney will zealously defend your interests, keep you informed about the status of the case, and explain developments so that you can make informed tactical decisions.  Having an attorney on your side will ensure that documents are filed properly and deadlines are met.  Full Representation is likely a best option when there is a community business, a large amount of debt, suspicion of hidden assets, inability to agree on a division of the assets and debts, or a spouse's aggressive attorney.  

Updating orders:  Is your current family law agreement outdated?  We can assist you to update terms without the cost of litigation or need for a court appearance.  If you need mutually-agreed revisions to your original order to update your agreement, we can help you prepare the necessary paperwork and have it filed with the court.  

Securing orders:  Once you have a court order for child support, spousal support, or an equalization payment, you may wonder what is the next step.  Often, an attorney will obtain the order from the court, but many do not follow up with a method for enforcement or a security for payment for the order.  We can help you obtain an order for a wage garnishment, social security garnishment, and secure your orders with a lien against the payor's real property.  
 

Modifying orders:  After the divorce or paternity judgment, there are motions can be filed with the court.  While there is a large variety of motions that can be filed depending on the circumstances, there essentially two types of orders.  The first is a modification of an order, and the second is the enforcement of an order.  
 

A modification motion is when either party may want to modify an existing order when there has been a "change of circumstances" warranting the modification.  An example is a support order based upon the parties had a certain income at the time of the order.  When one party has a substantial change in income after the order was made, whether an increase, decrease, or one party starts working, it may result in a different support calculation.  This would likely be considered a "change of circumstances" and may warrant a change in the original order. The most common types of modification motion are for child custody, visitation, child support, spousal support, payments of child care expenses, payments of unreimbursed healthcare expenses, and payments on debts.   

An enforcement motion is filed to enforce  or collect a previously-ordered obligation.  Delinquent payments accrue compound interest at the legal rate, which is currently 10% per year.  The most common types of enforcement motions are for past-due child support, past-due spousal support, collection of the other parent's share of unpaid childcare or healthcare expenses for minor children, collection on court orders for payment of certain expenses, and enforcement of payment set forth in the Judgment.   

 ​Many people are facing financial crisis, especially with the Covid-19 crisis.  This is a difficult time.  In this environment, it is important to plan ahead.  Many are experiencing a change in income, some more than others.  But financial bills and obligations are unchanged.  Often people try to solve problems on their own and see bankruptcy as a last resort.  

You have the option of starting fresh and Chapter 7 bankruptcy is the most common and advantageous option for those who qualify.   Your eligibility for filing a Chapter 7 is determined by the family's median income and a means test.  Unsecured debts such as credit card debts and medical bills can be discharged (forgiven) the the bankruptcy.  

In a Chapter 7 bankruptcy, once the bankruptcy is filed, your creditors receive notice from the U.S. Bankruptcy court of the automatic stay on collections.  This means the collection of your debts is forbidden and contacting you must stop.  This includes collection calls and letters, foreclosure, repossession, execution of Judgments, wage garnishments, and lawsuits on unsecured debts.  The automatic stay remains while your case is pending.  This stay gives you the ability to formulate a strategy to become free of debt.  When your case is approved by the court, most unsecured debts are discharged.  The entire process takes approximately six months and one non-court hearing with the bankruptcy Trustee.    You will be required to take a credit counseling course and a financial management course, both online.   

Certain assets are exempt from liquidation during the bankruptcy, such as an automobile, personal clothing and effects, jewelry, and household goods.  Retirement accounts, equity in a home, social security, and unemployment compensation are protected through the bankruptcy laws.  If you have a personal injury award, it is also protected.  There are limits to the amount of exemption for some assets, such as the home equity, automobiles and jewelry.   

Sometimes a collector can get relief from the automatic stay by filing a motion in your case with the U.S. Bankruptcy court.  If granted, the creditor can move forward with their collection efforts during your bankruptcy.  Additionally, there are a few categories of debt that are not subject to the automatic stay by the bankruptcy filing.  These include child support, spousal support, student loans, many types of taxes, tax audits, fines or penalties owed to a governmental agency, criminal penalties and court fines, personal injury debts arising from a drunk driving accident, debts not included in the bankruptcy filing, and lawsuits outside of the Bankruptcy Estate. 

You want to ensure that you get the full protection of the automatic stay when you file your bankruptcy.  While the automatic stay can prevent a wage garnishment from continuing, you cannot recoup the money that was taken from your wages prior to the stay and that money is lost to you.  Also, the stay can prevent the filing of a lawsuit or of it being pursued.  But if you wait until after the judgment is entered against you, and the creditor has secured a lien on your property, that creditor can pursue a relief of the automatic stay unless you can provide an alternate security for the payment of the Judgment.   In these types of situations, you will want to file your bankruptcy sooner rather than later to receive the powerful bankruptcy protections while protecting your property and avoid losing more money than necessary.  

                                        We offer a free consultation to discuss your needs, 

                             and to determine your eligibility for a Chapter 7 Bankruptcy.

                         Call (805) 328-1425 or email our office to speak with an attorney.