Posted by Scott Mitchell | Dec 17, 2013 |
When it comes to dissolving a legal marriage, spouses may have several available options. Among these include a process known as mediation. Divorce mediation, in the simplest terms, involves out-of-court proceedings during which two spouses work with a mediator to amicably agree upon the terms of...
Posted by Scott Mitchell | Dec 10, 2013 |
Victims and families who have suffered injuries as the result of another's negligence or wrongful act may have a right to recover financial compensation. In order to recover damages, victims must file a lawsuit – or personal injury claim – against the at fault party. Personal injury claims aim to...
Posted by Scott Mitchell | Dec 04, 2013 |
Driving under the influence (DUI) of alcohol or drugs is a serious criminal offense in California. Now, more than ever before, law enforcement officers throughout the country are intent on cracking down on impaired motorists and reducing high rates of preventable accidents, injuries, and fataliti...
Posted by Scott Mitchell | Nov 26, 2013 |
The benefits of bankruptcy can significantly improve the financial and personal well-beings of individuals and families who are truly in need of debt relief. Although the bankruptcy process may appear foreign and overwhelming at first, it can be made easier by working with experienced Modesto ban...
Posted by Scott Mitchell | Nov 18, 2013 |
Wrongful death is the legal term used to describe a situation in which a victim is killed as the result of another's negligence, misconduct, or wrongful act. In the state of California, the procedures for filing a wrongful death claim – a type of civil lawsuit – are similar to those in filing a p...
Posted by Scott Mitchell | Nov 04, 2013 |
For many people, the term "bankruptcy" can be intimidating. If you're thinking about Chapter 7 or Chapter 13 bankruptcy, you probably have a lot of questions about our financial credit and how filing for bankruptcy will affect your future. Fortunately, bankruptcy is designed to give debtors a fre...
Posted by Scott Mitchell | Oct 29, 2013 |
Sometimes, child custody is a matter of safety. But custody agreements don't usually happen overnight and could the child's wellbeing in a state of flux during court proceedings. In California, you can request an emergency child custody or visitation order to protect your child from harm.
"When ...
Posted by Scott Mitchell | Oct 22, 2013 |
California has led the way in enforcing some of the nation's harshest driving under the influence (DUI) laws. Although DUI cases can vary significantly depending on the unique facts involved – such as the specific charge and one's criminal history – there is no denying the fact that when individu...
Posted by Scott Mitchell | May 22, 2013 |
In our nearly 10 years of legal experience, we have seen time and again just how important it is for us to help our clients understand their cases. In all likelihood, you have never before found yourself in the position of having been injured and needing to pursue financial compensation. That is ...
Posted by Scott Mitchell | Apr 05, 2013 |
Going through a divorce can be a challenging time for you and your spouse; however, if there are children in the mix, your divorce just may be even more difficult on them. While getting through the hardships of a divorce do come in time, as parents it is in your hands to help them work through it...
Posted by Scott Mitchell | Mar 05, 2013 |
As a practicing child custody attorney in Modesto California, I have handled literally hundreds of child custody cases, and I have seen what works and what doesn't work in child custody cases. I have created this list as a quick overview of thoughts and tips for people who are facing child custod...
Posted by Scott Mitchell | Feb 26, 2013 |
While practicing as a Modesto Divorce Lawyer I have seen hundreds of cases and so it is simple for me to list out some thoughts and ideas for handling a divorce in a better way.
The information here is intended to be straightforward and simple, so that people who are facing a difficult divorce s...
Posted by Scott Mitchell | Feb 25, 2013 |
What is a Paternity Action?
When two people have a child together when they aren't married, one of the parents must file a paternity action with the court in order to establish who the legal father is. A paternity action is similar to a family law divorce case, to the extent that child custody a...
Posted by Scott Mitchell | Feb 20, 2013 |
In some cases a restraining order may be appropriate when one party makes specific threats to harm another person or when a person actually had inflicted harm on another. Continuous and extreme harassment may also justify a restraining order.
Some examples of actions and statements that may just...
Posted by Scott Mitchell | Feb 12, 2013 |
If you want to request child custody orders from the court it is important to understand what the court looks at in order to determine what arrangement will work best for your children.
The court takes the position that the orders are for your children and what is in their best interest. The Fam...
Posted by Scott Mitchell | Feb 07, 2013 |
In a chapter 7 personal bankruptcy an individual and their spouse can eliminate completely unsecured debt which includes credit card debt, personal loans, and deficiency judgments on repossessed vehicles etc. The benefit in filing the Chapter 7 bankruptcy is that the debt is eliminated forever an...
Posted by Scott Mitchell | Feb 07, 2013 |
In the typical divorce case one party will file the divorce (petitioner) and the other party will respond (respondent). The party filing for the divorce must have the other party personally served (in most cases), and the other party has 30 days from the time they are served to file a response. I...
Posted by Scott Mitchell | Jan 28, 2013 |
A common question I get in my law practice is,” should I wait until after I am divorced to file bankruptcy, or should I file bankruptcy before I file divorce?” The answer typically is that you can file your divorce and get the ball rolling, and then file a Chapter 7 bankruptcy before you finalize...
Posted by Scott Mitchell | Dec 01, 2012 |
At Scott Mitchell Law Offices, we understand that when you are facing bankruptcy legal issue, you may be feeling confused, frustrated, and embarrassed. Therefore, it is our aim to help you resolve your issue in a timely and efficient manner. Our team of dedicated legal professionals will guide yo...
Posted by Scott Mitchell | Nov 30, 2012 |
A Carlsbad divorcee who was previously ordered to pay spousal support to her ex-husband has just received good news. She will not be required to pay the additional $25,000 of legal fees that her abusive ex-husband has incurred. The woman's husband is currently in prison for sexually assaulting he...
Posted by Scott Mitchell | Nov 21, 2012 |
For couples going through a divorce, the issue of property division can lead to animosity and arguments. However, hiding assets could lead to far more serious consequences, including being charged with perjury. Making false statements on a financial affidavit is equivalent to swearing falsely in ...
Posted by Scott Mitchell | Nov 16, 2012 |
Two months of bitter arguing have finally given way to an agreement on child custody and child support between "Real Housewives of Beverly Hills" star Adrienne Maloof and her estranged husband. Both issued a joint statement that they are happy with their settlement agreement and that their mutual...
Posted by Scott Mitchell | Nov 09, 2012 |
An Orange County judge's decision to increase the amount of child support paid by a man with residences in two states was upheld by the Fourth District Court of Appeals recently. The court also ruled that the father's rights were not violated under the equal protection clause. The father had brou...
Posted by Scott Mitchell | Nov 01, 2012 |
A child custody dispute between the California sister of an accused murderer and the parents of the victim was set for a hearing in a California courtroom. The sister of the man accused of killing his live-in partner and the mother of his two children has petitioned for custody of the couple's bo...
Posted by Scott Mitchell | Oct 22, 2012 |
The collapse of Ashton Kutcher's marriage with Demi Moore has been widely publicized, but divorce experts are beginning to speculate the former couple's plans as the inevitable divorce draws nearer. Kutcher's decision to put a $12 million property up for sale that Moore gave to him in an apparent...