Free California Judicial Council Forms

“Judicial Council” forms are the forms the court requires in order to address most family law matters.There are several ways to get the Judicial Council forms required to get a divorce, separation, custody orders, etc. you will need.   One of my favorite places to find all of necessary family law judicial council forms…for free, is http://www.courtinfo.ca.gov.  You will also find great divorce, separation, custody and support resources there as well.

One of the benefits to using http://www.courtinfo.ca.gov is the confidence that you are using the most current forms.   These forms are updated regularly.  If you attempt to file and outdated form it will be rejected by the court.

In addition to the Judicial Council forms,  ALWAYS check your county court website  to find out if there are any “local” court forms used by your court.  For example, the Solano Superior Court has a “Meet and  Confer” form which must be attached to all motion.

To find out about your particular court, “Google” your court (i.e. Sacramento Superior Court) and check for “Local Forms”.

http://www.RobertBuschLaw.com

The Attorney-Client Fee Agreement

The California State Bar requires a written attorney-client  agreement if the fees will exceed $1,000.00.   Even if you are not sure what the total fees will be, it’s a good idea to always ask for a written fee agreement in all situations.

Even if your attorney did not prepare one when you started the case, you may ask for one now.   Among other things the fee agreement should include the following information:

1.  The name of the client.

2.  The legal service(s) to be provided.

3.  The hourly rate of the attorney.

4.  The amount of the retainer.

5.  Whether there is any non-refundable fee.

6.  Whether the attorney charges by the task or by actual time.

7.  Whether there are any “minimum” charges.

8.  Whether the attorney carries malpractice insurance.

Do not sign the written fee agreement until you have read it carefully.  While it is common for a potential client to skim the document quickly and then sign, there is nothing wrong with taking the document home so you can review it in more detail.  If there is anything in the proposed fee agreement you don’t like, talk to the attorney.  If you and the attorney cannot come to an agreement as to the language of the agreement, find another attorney.

Once you have signed the written fee agreement make sure you receive a signed copy for your file.  The attorney generally retains the original.

A written agreement can protect both you and your attorney. For example, I had a client years ago who balked at paying for telephone calls he had with me because the fee agreement I used at the time did not specifically include telephone calls.

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Death and Divorce

Several years back I was retained by a very kind woman for the purpose of obtaining a divorce from her husband.   My client and her husband owned their residence as joint tenants, meaning the survivor of the two would receive 100% of the property.

Under current California law if either spouse dies before the divorce is final, and they owned property as joint tenants, and there was no settlement agreement, the survivor takes everything.  Most people agree this isn’t right, but that’s the law.

Fearful her husband would have someone try to hurt or kill her, my client instructed me to sever the joint tenancy to the community residence.  I advised her that if he died first she would get the whole thing.   My client was willing to take her chances and the property was transferred to my client and her husband as tenants in common, meaning each could dispose of their half of the property any way they wanted.

As luck would have it, my client’s husband died suddenly.  However, she still felt she had done the right thing.

It is also important for everyone getting a divorce to have, at a minimum, a new will, durable power of attorney and advance health care directive prepared.  Failure to do so could result in the soon-to-be ex-spouse having control over you and your property in the event of your death or incapacity.

Actions have consequences.  So does inaction.

http://www.RobertBuschLaw.com

If you don’t understand…don’t sign.

I recently met with a client who is quite distraught over the fact she signed some important papers she now claims she did not read or understand.  She now wants to go back to court and undo the damage.   This client has some major hurdles to overcome in order for that to happen.  In the first place, she was represented by an experienced, well-liked and respected divorce attorney when she signed the documents.  In the second place this individual was asked by a settlement conference judge, specifically,  if she had read the document before signing, and if she understood it, or did she have any questions.

The client claimed to be an emotional wreck at the time, suffering from depression.  Assuming that is true, here is another problem with her story.   I have practiced divorce law for more than 15 years.  In my experience, if the settlement conference judge observes hesitation, or a reluctance on the part of the party, they will stop the proceeding until they are comfortable that the party is signing the documents knowlingly and willingly.

The point? Do NOT sign anything unless and until you understand what you are signing and agree with the terms.

Even if this individual files a motion to set-aside, it will be expensive, and if the judge doesn’t think she had a good enough reason to bring the motion he can deny the motion and order her to pay attorney fees to the other side.

http://www.RobertBuschLaw.com

Hello world!

My name is Robert “Jeff” Busch and I practice family law and estate planning in Gold River, California, a suburb of Sacramento, California.   I hope to share helpful hints on divorce, custody, child support, custody, property and debt division and how to do well in court, along with some funny and not-so-funny story’s about family law.  I welcome your ideas and have a few requests/rules.  No profanity.  None.  Also, do not refer to individuals, attorneys, or judges by name or department.

Thank you.

Robert “Jeff” Busch, Attorney

www.RobertBuschLaw.com

www.maximumchildsupport.com