Here are a few places that provide free and low-cost help with Family Law, Child Custody, Child Support, Guardianship and Domestic Violence restraining orders, and other related issues in Los Angeles County, California:
(1) Harriet Bahia Center for Family Law - Assists low income clients
3250 Wilshire Blvd., Suite 710
Los Angeles, CA 90026
(213) 388-7515
(2) Levitt & Quinn - This group provides low-cost legal services
1557 Beverly Blvd.
Los Angeles, CA 90010
(213) 482-1800
(3) Los Angeles County Public Law Library - free - Help to find forms/information/law
301 West First Street
Los Angeles, CA 90012 .
(213) 785-7529
(4) The Facilitator Office at each courthouse will help you find and prepare forms - free
(a) 111 N. Hill Street, Room 426
Los Angeles, CA 90012
(213) 974-5004
(b) 300 East Walnut Street, Room 300
Pasadena, CA 90012
(626) 356-5030
(c) 6230 Sylmar Avenue, Room 350
Van Nuys, CA 91401
(818) 374-7108
(d) 275 Magnolia Ave. Room 3101
Long Beach, CA 90802
(562) 256-2319
(e) 200 West Compton Blvd., Room 200F
Compton, CA 90220
(310) 603-3218
(f) 900 Third Street, Room 1026
San Fernando, CA 91340
(818) 898-2606
(g) 600 South Commonwealth Avenue, Room 1602
Los Angeles, CA 90005
(213) 351-8114
(5) Domestic Violence Clinics at the Courthouse
Los Angeles Superior Court
111 North Hill Street, Department 8
Los Angeles, CA 90012
Help in preparing restraining orders from 9 a.m. - 11:30 a.m. and
1:30 p.m. to 3:30 p.m.
If you are aware of an organization that is supervised by attorneys and helps clients with Family Law matters at no cost or at a lower cost, please leave a comment with your organization’s contact information.
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established when a written retainer has been signed.
Wednesday, July 29, 2015
Tuesday, July 21, 2015
In re Marriage of Davis - One Partner Must Move Out of the Marital Home to Legally Separate In California
In re Marriage of Davis (2015) 61 Cal. 4th 846, the California Supreme Court ruled that a couple must live in separate residences in order for earnings and any assets acquired by either party to be considered separate property. This ruling clarified the law with regard to what is the date of separation by establishing a bright-line rule that requires one person to move out of the marital home to legally separate in California.
The court explained that in a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties‘ property as community property or separate property. (In re Marriage of Valli (2014) 58 Cal.4th 1396, 1399.) Family Code section 760 provides that all property acquired by the spouses during the marriage is community property [e]xcept as otherwise provided by statute. One such statute is Family Code section 771, subdivision (a) (section 771(a)), which provides that [t]he earnings and accumulations of a spouse . . . , while living separate and apart from the other spouse, are the separate property of the spouse. In this case, the court considered whether a couple may be living separate and apart, for purposes of section 771(a), when they live together in the same home and the court decided that the answer was "no." The California Supreme Court held that the statute requires the spouses to be living in separate residences in order for their earnings and accumulations to be found to be separate property.
copyright © 2016 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established when a written retainer has been signed.
Disclosure; If you click on the Amazon link below, you will be directed to the Amazon website. This short blog post may not contain all the information you would want to be able to successfully litigate a Family Law case. The resources below have proven helpful to others. Good luck.
The court explained that in a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties‘ property as community property or separate property. (In re Marriage of Valli (2014) 58 Cal.4th 1396, 1399.) Family Code section 760 provides that all property acquired by the spouses during the marriage is community property [e]xcept as otherwise provided by statute. One such statute is Family Code section 771, subdivision (a) (section 771(a)), which provides that [t]he earnings and accumulations of a spouse . . . , while living separate and apart from the other spouse, are the separate property of the spouse. In this case, the court considered whether a couple may be living separate and apart, for purposes of section 771(a), when they live together in the same home and the court decided that the answer was "no." The California Supreme Court held that the statute requires the spouses to be living in separate residences in order for their earnings and accumulations to be found to be separate property.
copyright © 2016 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney- client relationship is only established when a written retainer has been signed.
Disclosure; If you click on the Amazon link below, you will be directed to the Amazon website. This short blog post may not contain all the information you would want to be able to successfully litigate a Family Law case. The resources below have proven helpful to others. Good luck.
Friday, July 17, 2015
Where to Find Family Law Forms in California If You are Representing Yourself
Many of the forms that are used in Family Law cases can be found on the California Supreme Court's website. Go to http://www.courts.ca.gov/forms.htm . Use the first bar to select the category of form. Scroll down to Family Law - Dissolution. The first papers filed with the court when you are seeking a divorce are usually the Petition for Dissolution, and a Summons, and if you have minor children (children who are under age 18), a Declaration Under UCCJEA. Additionally, there are forms to request a fee waiver if you qualify financially that would result in the court not charging you with filing fees. The court's website has instructions for filling in these papers and filing them at your local County Court. Most forms are fillable. If you are filing the Petition for Dissolution, you will be the Petitioner. Your soon-to-be ex is called the Respondent.
In addition to the forms on the Supreme Court website, many counties, including Los Angeles, require a cover sheet to be filled out for the first papers filed in the case. This form is only on the website for the local county court, it is not on the state Supreme Court's website. If you are in a county that requires a cover sheet, this will also need to be filled in correctly before the clerk will file your papers.
If all of this is confusing, and I am certain that it must be because I am not a trained instructor, I very highly suggest that you go to a local county law library and ask a reference librarian for assistance in filling out the forms. The main law libraries in California are here in Los Angeles, in San Diego and in Sacramento. Here in Los Angeles, the public can use the computers and fill in the forms that are needed for the case. There is a nominal charge to print forms. The reference librarians cannot answer legal questions unless they are licensed in California to practice law, but they can direct you to information, such as the practice guides that attorneys use to fill out the same forms.
Additionally, the Los Angeles County Public Library has a program called "Lawyers in the Library" where volunteer attorneys appear and answer questions. I was told that there is always a Family Law attorney who appears on Lawyers in the Library day and the assistance provided there is free of charge.
Most courts have a Family Law Facilitator who helps people with procedural questions in Family Law cases. Go to the court website for your county and search to find out if your county has a Facilitator or someone who helps litigants in Family Law cases and plan to meet him or her before you file your papers with the court and ask questions about the procedure and what you need to do next.
Nolo Press has some good books on how to do your own divorce if you are in pro per (representing yourself) and cannot go to a law library. These books can be found on Amazon and other book seller websites. Keep in mind the author of most of these self-help books is a practicing attorney and may have a bias regarding how a person should proceed with a divorce if the person can afford an attorney. For example, for those that can afford to hire an attorney, some lawyers believe that mediation is the best approach, whereas, other lawyers believe a Collaborative approach works best. But, both of these approaches can cost a substantial amount of money. If you are reading this, I am assuming that you cannot afford the retainer to hire a lawyer and for some reason the low-cost help available by Legal Aid or other organizations that provide free or low-cost services will not work for you. If you select a book, use a recent one because the law changes often.
But even if you cannot afford a lawyer for the entire case, it might be beneficial for you to use a lawyer for part of the case. This is known as unbundled legal services. For example, you might hire a lawyer to appear in court on a single motion or to prepare a pleading for you without appearing in court, or to review documents you have already prepared before you file them with the court.
I hope something here helps to direct you to the information you need for your case. Good luck.
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
The books below are self-help books available at Amazon for Family Law Cases. These books are highly recommended and have helped many people prepare their own cases or make an informed decision to seek help from a lawyer when appropriate. Good luck.
In addition to the forms on the Supreme Court website, many counties, including Los Angeles, require a cover sheet to be filled out for the first papers filed in the case. This form is only on the website for the local county court, it is not on the state Supreme Court's website. If you are in a county that requires a cover sheet, this will also need to be filled in correctly before the clerk will file your papers.
If all of this is confusing, and I am certain that it must be because I am not a trained instructor, I very highly suggest that you go to a local county law library and ask a reference librarian for assistance in filling out the forms. The main law libraries in California are here in Los Angeles, in San Diego and in Sacramento. Here in Los Angeles, the public can use the computers and fill in the forms that are needed for the case. There is a nominal charge to print forms. The reference librarians cannot answer legal questions unless they are licensed in California to practice law, but they can direct you to information, such as the practice guides that attorneys use to fill out the same forms.
Additionally, the Los Angeles County Public Library has a program called "Lawyers in the Library" where volunteer attorneys appear and answer questions. I was told that there is always a Family Law attorney who appears on Lawyers in the Library day and the assistance provided there is free of charge.
Most courts have a Family Law Facilitator who helps people with procedural questions in Family Law cases. Go to the court website for your county and search to find out if your county has a Facilitator or someone who helps litigants in Family Law cases and plan to meet him or her before you file your papers with the court and ask questions about the procedure and what you need to do next.
Nolo Press has some good books on how to do your own divorce if you are in pro per (representing yourself) and cannot go to a law library. These books can be found on Amazon and other book seller websites. Keep in mind the author of most of these self-help books is a practicing attorney and may have a bias regarding how a person should proceed with a divorce if the person can afford an attorney. For example, for those that can afford to hire an attorney, some lawyers believe that mediation is the best approach, whereas, other lawyers believe a Collaborative approach works best. But, both of these approaches can cost a substantial amount of money. If you are reading this, I am assuming that you cannot afford the retainer to hire a lawyer and for some reason the low-cost help available by Legal Aid or other organizations that provide free or low-cost services will not work for you. If you select a book, use a recent one because the law changes often.
But even if you cannot afford a lawyer for the entire case, it might be beneficial for you to use a lawyer for part of the case. This is known as unbundled legal services. For example, you might hire a lawyer to appear in court on a single motion or to prepare a pleading for you without appearing in court, or to review documents you have already prepared before you file them with the court.
I hope something here helps to direct you to the information you need for your case. Good luck.
copyright © 2015 Christine Esser
The information contained here is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. Information on this blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and Christine Esser. An attorney-client relationship is only established when a written retainer has been signed.
The books below are self-help books available at Amazon for Family Law Cases. These books are highly recommended and have helped many people prepare their own cases or make an informed decision to seek help from a lawyer when appropriate. Good luck.
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