Articles Posted in Discovery

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Is an Annulment Right for You?

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Ending a relationship, especially a marriage, is never easy. Depending on the circumstances, it can be rather messy. When involved in a legally binding marriage, there are a few options to consider for ending that legal contract. For many, this path is divorce. For some, this path may be an annulment. It can be challenging to have an annulment granted, so it is crucial to speak with an attorney to help you understand if this is the appropriate route for you. There are limited reasons that qualify for an annulment, and you’ll have to provide adequate evidence to do so. You will also potentially face a statute of limitations, which will put a deadline on your ability to file. An experienced annulment attorney such as the attorneys at Bickford Blado & Botros can guide you in this process.

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What Are the Basics of Having a Divorce Attorney?

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Divorce can be complicated. Luckily, you don’t have to go through it alone. Seeking an experienced divorce attorney such as the ones at Bickford Blado & Botros will help you understand the different aspects that go into getting a divorce and will help you get through all the particulars.

Going into the initial consultation with your divorce attorney can be intimidating, but the right attorney can put your mind at ease. Many people seeking help from divorce lawyers have little to no experience with the law or lawyers beforehand. Because of this, the whole process can seem very daunting.

Here are some basics on what to expect regarding your first meeting with your divorce lawyer, as well as throughout the rest of the process.

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Common Signs That May Mean It Is Time for a Divorce

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When a couple decides to get married, the last thing on their minds is the possibility of a divorce. Unfortunately, life takes some unexpected turns, and individuals begin to question whether they made the right decision. It can be a difficult storm to weather, as no one wants to see their fairy tale turn into a nightmare, but many signs may make it apparent that you should consider the possibility of a divorce. Whether you are still living in the same household, or separated and trying to find a way to make things work, consider these common indicators that a divorce may be the only way to move on with your life and be happy.

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Understanding Legal Terms When You’re Going Through a Divorce

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When you face divorce, many factors add to the stress and anxiety you face. One thing that can make the process more challenging is trying to understand all the legal jargon associated with the proceedings. Once you grasp a basic understanding of the terms you hear, the process seems slightly less overwhelming. The terminology described here will help you interpret the phrases you encounter along the way. It is conveniently organized for you under three primary categories.

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How Is Communal Property Divided?

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When going through a divorce, several things need to be determined, such as child custody, spousal support, and the division of property. Disentangling your life from another person’s can be difficult for several reasons. When you live together for several years, there is a lot that is shared between both partners. For instance, figuring out how to navigate relationships with mutual friends can be an extremely complicated undertaking. While this is something that you’ll have to settle amongst yourselves, matters involving communal property are settled by the courts. But what types of property are considered communal, and how does the judge decide how it should all be divided?

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Everything You Need to Know About Annulments

Everything-You-Need-to-Know-About-Annulments

Although they happen often, annulments are often misunderstood. Media and popular culture promote a number of diverse yet equally inaccurate representations of this process, making it difficult for most people to recognize the truth of this legal concept. If you are unsatisfied with your relationship or discover new information that drastically impacts the validity of your marriage, call our firm. California law allows you to receive an annulment if you follow a certain legal process and meet specific criteria.
  
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AdobeStock_151263740-300x200Once the initial paperwork in a divorce proceeding is filed, both parties must complete what is called a “Preliminary Declaration of Disclosure.”  This disclosure mainly consists of two documents, the first is the party’s “Schedule of Assets and Debts” and the second is the party’s “Income and Expense Declaration.”  Just as the names imply, these forms are designed to gather information related to each parties’ assets, debts, income, and expenses.  In addition to being mandatory, these disclosures are due early on in the case and are extremely important as they will be the framework for which a settlement, if possible, is reached. Continue reading

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It is no secret that the San Diego Family Law Courts are overutilized, overworked, and overbooked.  When a party files a motion with the court it can often take several months, or longer, to get a hearing date!  This can be frustrating for litigants who want to move their case forward towards closure.  But what happens when an emergency comes up in your case and you cannot wait months for a hearing date?  Luckily, there is a procedure and solution to allow the court to hear an emergency issue within a day or two, and that is called an “Ex Parte” hearing.  At an Ex Parte hearing, judges can make temporary emergency orders, when appropriate.

Pursuant to California Rules of Court, Rule 5.151(b), “[t]he purpose of a request for emergency orders is to address matters that cannot be heard on the court’s regular hearing calendar….[and] the process is used to request that the court: Continue reading

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Discovery is not the first topic that comes to mind when parties meet with a family law attorney for the first time.  In fact, there is a good chance most litigants have no idea what discovery actually is.  Sure, anyone who watches any of the serialized crime dramas on TV has heard of a subpoena, but most people have no idea what they are why they are useful.

In a nutshell, discovery is the process of collection evidence, whether that evidence comes in the form of documents, statements, testimony, or information.  There are several types of discovery a party can issue.  Which method a party chooses depends on what type of evidence they are looking to obtain.  This blog will briefly describe the most common forms of discovery used in family law cases. Continue reading

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Appeals can be a lengthy, difficult, and expensive process. In fact, most civil appeals in the Fourth District Court of Appeals, Division One (San Diego) take about a year from start to finish. If a trial court’s error is the result of a minor oversight or a mathematical error, it might be a better idea to simply direct the Court’s attention to the oversight or error than go through the trouble of an appeal. In our experience, judges have been almost universally open to correcting these kinds of minor oversights or errors at the trial level, particularly if the oversight or error resulted from the judge’s own mistake.

It is very important, therefore, for one to use the proper procedures. There are two procedures that come to mind. The first is a motion pursuant to Code of Civil Procedure 473(d), which is designed to allow for the correction of clerical mistakes. Code of Civil Procedure section 473(d) reads as follows: Continue reading

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