Kenneth U. Reyes, P.C Legal Blog Know Your Rights & Legal Options

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  • Child Custody

    The latest posts for Child Custody are listed below.
    • Will a domestic violence finding affect my claim for sole or joint custody of our Children?

      Will a domestic violence finding affect my claim for sole or joint custody of our Children? An action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this ...
    • How Courts determine Child Custody in California

      How Courts determine Child Custody in California One of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to maintain relationship with their child. Child custody comes in two parts, 1) physical custody and 2) legal ...

    civil litigation

    The latest posts for civil litigation are listed below.
    • Getting out of a Joint Tennancy Situation that has gone Sour

      Getting out of a Joint Tennancy Situation that has gone Sour As persons living in the Los Angeles area, we are all aware of the high cost of living and high price tags attached to homes for sale. Often, an individual’s income does not provide sufficient funds to cover living expenses, let alone the purchase of a home. Consequently, persons who desire to avoid the money pit that is rent, but cannot ...
    • Outbreak of E. Coli Infections from Spinach: Recovery Under Products Liability

      OUTBREAK OF E. COLI INFECTIONS FROM SPINACH: RECOVERY UNDER PRODUCTS LIABILITY In recent weeks, the E. coli outbreak linked to spinach has made national headlines. Since the outbreak of E. coli infections suspected to have been caused by contaminated spinach, 173 people have become sick and 1 person has died. Reflecting the severity of the outbreak, the Centers for Disease Control and Prevention ...
    • Products Liability: Liability for Injury Caused by Defective Product

      PRODUCTS LIABILITY: LIABILITY FOR INJURY CAUSED BY DEFECTIVE PRODUCT Every year, many persons suffer injury resulting from dangerous and defective products. The area of law that deals with liability for injuries caused by defects in such products is called “products liability.” The following is an overview of products liability. Under products liability, anyone in a product’s chain of distribution ...

    Divorce

    The latest posts for Divorce are listed below.
    • I filed my own divorce but I am having problems finishing it

      Many people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divorce case is opened, many self-represented petitioners are not able to finish their divorce case to ...
    • Four ways filing for divorce benefit your immigration case

      Couples get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. Four situations in which filing for divorce can be beneficial ...
    • Can a Divorcing Couple agree to pay for their adult children's college expenses in their Divorce Judgment?

      Divorcing couples with children sometimes worry about who is going to pay for their children's college education after the divorce once their children graduates high school. They want a guarantee that their soon to be ex-spouse will share in the college expenses of their children. This is specially the case when the other spouse has moved on with a new family. The old family becomes less of a ...

    Domestic Violence & Custody

    The latest posts for Domestic Violence & Custody are listed below.
    • Disclosure Of Text Messages, E-Mails, And Facebook Info Of A Spouse Or Significant Other May Constitute Domestic Violence

      Domestic violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is not limited to the actual infliction of physical injury or assault. Family Code, § 6203(b). A court may issue an order enjoining specific acts of “abuse” (§ 6218, subd. (a)), which are ...
    • Domestic violence victims can terminate tenancy

      VICTIMS OF DOMESTIC VIOLENCE CAN TERMINATE A LEASE ON WRITTEN NOTICE TO THE LANDLORD A tenant may terminate his or her tenancy on written notice to the landlord that the tenant, or a household member, is a victim of domestic violence, sexual assault, stalking, human trafficking or elder or dependent adult abuse . Civil Code § 1946.7 Code of Civil Procedure Section 1946.7 provides (a) A tenant may ...
    • Will a domestic violence finding affect my claim for sole or joint custody of our Children?

      Will a domestic violence finding affect my claim for sole or joint custody of our Children? An action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this ...

    estates and trust

    The latest posts for estates and trust are listed below.
    • How Important is it to have a living trust?

      How Important is it to have a living trust? Thinking about one's demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $150,000 in gross assets and you do not have a living trust (even if you have a will), your ...
    • Automatic revocation of wills and trust upon entry of divorce or nullity judgment.

      Automatic revocation of wills and trust upon entry of divorce or nullity judgment. You just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse naming your ex spouse or her family as beneficiary in case you pass away? Well, those documents are revoked by operation of law. A judgment of ...

    Family Law

    The latest posts for Family Law are listed below.
    • Do you need to be living in separate residences to be considered "Separated" from your Spouse under the California family law?

      Family Code 760 provides that all property acquired by the spouse during the marriage is community property. That means each spouse has a half interest on any assets that are acquired during the marriage, with certain exceptions, since it is generally characterized as community property. On the same token, Family Code 771(a) provides that earnings and accumulations of a spouse while living ...
    • How Courts determine Child Custody in California

      How Courts determine Child Custody in California One of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to maintain relationship with their child. Child custody comes in two parts, 1) physical custody and 2) legal ...
    • Dressing and Conducting Yourself for Family Court

      It is commonly the case that those who need to appear in family or divorce court have little courtroom experience. While it should have no direct bearing on your case, it is always recommended that families and individuals who must attend a court hearing take careful note of what they wear and how they conduct themselves. If you appear and act as if you are taking the legal matter seriously and ...

    immigration

    The latest posts for immigration are listed below.
    • Provisional Waiver of Unlawful Presence Bar expanded to cover more Immigrants

      The USCIS announced the final rule expanding the existing provisional waiver to allow certain family members of US Citizens and lawful permanent residents to apply for the provisional waiver of unlawful presence. 8 CFR Parts 103 and 212. The final rule goes on effect on August 29, 2016. Prior to this expanded rule, only immediate relatives of US Citizens were eligible to request provisional waiver ...
    • Four ways filing for divorce benefit your immigration case

      Couples get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. Four situations in which filing for divorce can be beneficial ...
    • Can a conditional greencard holder file an immigrant petition?

      Beneficiary spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card. In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition to remove the conditional permanent residence before the end of the 2 years or ...

    Premarital agreement

    The latest posts for Premarital agreement are listed below.
    • Do I need a Premarital Agreement before getting married?

      In the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides " ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." Family Code §760. This becomes a problem if you are the spouse that has the substantially ...
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