Questions and Professional Answers

• Petition of Declaration of Nullity of Marriage

  Re: Void MarriageYou need to file a Petition for Declaration of Nullity of Marriage on the ground that your marriage to your husband was bigamous without your knowledge. Simply because he was married before does not automatically invalidate your marriage. There must be a formal court declaration as required by the Supreme Court.This was advised to me by an attorney. How to file the said DECLARATION? What are the requirements and documents that i have to submit to the court?How long can I get the said Declaration?

  • Re: Petition of Declaration of Nullity of Marriage

    You have to see your lawyer to file the petition. You cannot do it on your own. Only lawyers can initiate the petition. Thanks

    Reynaldo Destura
    Destura & Associates Law Offices
    Unit 3004-3005 Cityland Pasong Tamo Tower, 22 10 Chino Roces Ave.
    Makati City, NUS 1231

• Can a lawyer do that?

  I filed a Declaration of facts regarding my current custody battle for my daughter with the court. My ex's lawyer took my declaration, made notes as to how it was all inadmissable/irrelevant/etc., and crossed out those points in which he found a reason for them to be inadmissable. After crossing out almost my entire Declaration, he re-submitted it to the court. Is he allowed to make changes to my Declaration and re-submit that to the court?

  • Re: Can a lawyer do that?

    Yep. Your declaration is "evidence" and evidence is subject to the CA Evidence Code, e.g., hearsay objections, ad nauseum, although in family court, sometimes the courts utilize wide discretion in this arena. In simplest terms, in my personal opinion, law has two parts: 1) the facts of a case; 2) the procedural law, e.g., How something gets into court/timing/evidence. Kinda like a chess game. Kinda like a different language. That's the card that lawyer played, it sounds like. If you don't know the rules of the game/or the language...you are at a distinct disadvantage. My suggestion is to hire a lawyer. Custody is one of the two most hotly litigated issues that I believe require a lawyer (property/assets being the second). Feel free to go to www.the-divorce.com or contact me if you need further information.

    Michelle Garmong
    The Law Office of Michelle Garmong
    24338 El Toro Road, Suite E425
    Laguna Hills, CA 92637

  • Re: Can a lawyer do that?

    in a nutshell, declarations are basically considered arguments by either side filed with the court, nothing more nothing less. each party may attack the other's declarations in the same way it can with testimony more or less. so, what your ex's attorney did was permissible, but on the same token, you are entitled to do the same. Bottomline, you should probably retain an attorney to either represent you or guide you thru these VERY important custody issues so you do not lose your rights based on misinformation or procedural miscues and "errors". if you would like further assistance, contact us today.

    H.M. Torrey
    The Law Offices of H.M. Torrey
    800 West El Camino Real, Suite 180
    Mountain View, CA 94040

  • Re: Can a lawyer do that?

    There are procedural matters with which you should be well acquainted if you intend to represent yourself. This short question/answer will not be adequate to sufficiently prepare you. Because this matter concerns the custody of your child in addition to the fact that your ex considered it important enough to hire an attorney, the most prudent course of action for you at this juncture would be to have an attorney represent you.In any event, your declaration is just that - a declaration which you are asking the court to consider as evidence. If you are the moving party in this action then you have a right to reply to your ex's response. You should do so!Regards,Damian M. Nolan

    Damian Nolan
    Law Offices of Damian M. Nolan
    4909 Lakewood Boulevard
    Lakewood, CA 90712

• Condominium Declaration Requirements

  I have read the IL Condo Act. So I know what is required in a Condo Declaration by IL law. Where can I find a list of optional items to be considered as we review our Declaration?

  • Re: Condominium Declaration Requirements

    I am not sure what you mean by "optional" items. By that do you mean, say, the amount of late fees for tardy assessment payments and a variety of other issues that would apply only to the condo. in question? If so, I do not know of such an "optional" list; rather, one may include any item in a declaration as long as it does not run afoul of the statute.In some ways, although you did not say it, it seems as though you want an opinion about whether certain non-required items are reasonable and/or lawful. If so, you will probably need the advice of an attorney.-- Kenneth J. Ashman; Ashman Law Offices, LLC; KAshman@AshmanLawOffices.com

    Kenneth J. Ashman
    Ashman Law Offices, LLC
    55 West Monroe Street, Suite 2650
    Chicago, IL 60603

• declaration of mailing and appropriate uses

  Is a declaration of mailing required for filing a declaration in a small claims civil action?

  • Re: declaration of mailing and appropriate uses

    If it is a declaration that you want to file and have in the Court's file before the hearing, the answer is yes. You can get a blank form from the clerk's office or at the court's website. If it is conjunction with the filing of a motion, the court will serve it for you.

    Carl Starrett
    Law Offices of Carl H. Starrett II
    1941-C Friendship Drive
    El Cajon, CA 92020-1144

• Living Trust

  My friend declared any interest in a piece of property that she was the only heir left to. After she was coerced into signing this declaration in Oct. of 2002 the judge terminated the petition to have her removed. The Petition was denied without prejudice and not properly noticed. The property has now quadrupled in value when they told her it was worth nothing and she would have liens placed on her house if she didn't sign the declaration. She now wants to go back and recant this declaration. Does she still own the property since the declaration was denied by the judge?

  • Re: Living Trust

    If the county recorder's office does not show your friend's name as the record owner of the property -- your friend does not own the property. An act that your friend did in 2002 is likely beyond any statute of limitations for an objection in 2007 (5 years later). I think your friend is out of luck without knowing further facts. This is why it is important to seek the advice of counsel when signing documents like disclaimers and other declarations to ensure that your rights are protected.

    Jennifer Sawday
    Tredway, Lumsdaine & Doyle LLP
    100 W. Broadway, Suite 6030
    Long Beach, CA 90802

  • Re: Living Trust

    I'd have to know more, but it sounds like the disclaimer your friend signed was a separate issue from the petition to terminate, so the petition being denied would probably not nullify her disclaimer of the property. It's probably worth the time to have an attorney review the papers and give an informed opinion, but from what I read I'm doubting there's much she can do.

    Chris Johnson
    Russakow Ryan Johnson
    225 South Lake Avenue, 10th Floor
    Pasadena, CA 91101

• Residing in a home/Declaration of Domicile

  Is there a law which allows a person to take up residence in an unowned homestead without consequence & for the length of their life? Something to do with a freedman's act in conjunction with a declaration of domicile? I have a friend who's filed a declaration of domicile (he's been living in the place for a few months now along w/ his wife & 3 children). He does not pay anything. My question is how is this possible?

• Homestead Declaration

  What are the benefits of filing a homestead declaration?I was in a car accident. I am sued, can they go after my home? If I file homestead declaration, will this protect me?Thank you.

  • Re: Homestead Declaration

    Filing a homestead declaration effects the burden of proof if a judgment creditor wants to sell you home to enforce a judgment. You are already entitled to the homestead exemption under the law, but there is no harm in filing the declaration.If they sue you and win and you don't have enough insurance, they can legally go after you home. The process is rather expensive and cumbersome, so the more likely outcome is that they will put a lien your home and wait for you to sell or refinance.You might want to consider consulting a bankruptcy attorney if you risk having a big judgment entered against you.

    Carl Starrett
    Law Offices of Carl H. Starrett II
    1941-C Friendship Drive
    El Cajon, CA 92020-1144

  • Re: Homestead Declaration

    This is a good summation taken from a case:In California, a homestead exemption may be asserted two ways. [3] First, a declaration of homestead may be recorded. (Code Civ. Proc., § 704.920.) A recorded homestead protects the property from execution by certain creditors to the extent of the amount of the homestead exemption. (In re Mulch (Bankr. N.D. Cal. 1995) 182 B.R. 569, 572 [applying California homestead exemption].) [4] Because many California debtors failed to file homestead exemptions, the legislature in 1974 enacted legislation which created an "automatic" homestead exemption. fn. 2 (Code Civ. Proc., § 704.720.) This exemption need not be memorialized in a recorded homestead declaration in order to be effective. "The automatic homestead exemption is available when a party has continuously resided in a dwelling from the time that a creditors' lien attaches until a court's determination in the forced sale process that the exemption does not apply." (In re Mulch, supra, at p. 572; Webb v. Trippet (1991) 235 Cal.App.3d 647, 651.) {Page 112 Cal.App.4th 589} [5] As noted in In re Mulch, the two exemptions are distinct protections and they operate differently. The declared homestead provides greater rights than the automatic homestead. The declared homestead provides protection from a voluntary sale; judgment liens only attach to the equity in excess of consensual liens; and the protections of the declared homestead survive the death of the homestead owner. The proceeds from a voluntary sale may be reinvested within six months, thus allowing the debtor to invest in another residence. (In re Mulch, supra, 182 B.R. at p. 573.) On the other hand, the automatic homestead only entitles the debtor to protection from a forced execution sale. (Ibid.)

    Daniel Harrison
    Berger Harrison, APC
    2700 Pacific Coast Hwy., Suite 200
    Newport Beach, NUS 92656

• Responsive Declaration

  I am representing myself and have filed a motion to modify the current custody agreement. I just received respondent's responsive declaration which is replete with misrepresentations and lies. What I'm wondering is if I can file a response to a responsive declaration and attach exhibits to prove that his document is erroneous.Thanks...

  • Re: Responsive Declaration

    You just need to show up to the hearing and present your case, with any new information or responses you have to the responsive declaration. Be prepared to present evidence and take statements.Always consult with a lawyer in your area prior to making legal decisions. Good luck!Law Offices James Chau181 Devine St.San Jose, CA. 95110http://www.jameschaulaw.com/http://sanjosefamilylawyer.blogspot.com/

    James Chau
    Law Offices James Chau
    181 Devine St.
    San Jose, CA 95110

• Conflicting rules in declaration convenant

  The declaration in my HOA has that a fence cannot be installed accept by the builder unless approved by the ARC. Another part of the declaration states that a natural fence ''fence'' includes but not limited to contiguous barrier. If a request is denied for a fence is it based on the first paragragh or the second entry regarding fences.Thank You

  • Re: Conflicting rules in declaration convenant

    I do not understand what you have written, but I believe you want to know whether and how to put up a fence on your property, and your property is located in some kind of a planned community or homeowner's association area. I would need to review all of the applicable legal documents to answer your question. I have handled many issues of this type, and will be able to answer your question easily, I believe. Call if you would like to meet and discuss. I will meet for 1/2 hour for free, and you then decide whether you wish to proceed. 973 890 0400, northern NJ.

    Robert Davies
    The Davies Law Firm, P.A.
    25 Main Street
    Hackensack, NJ 07601

• California Homestead declaration

  We filed a homestead declaration with the state of California when we first bought our house in 1988. Since then we have refinanced a couple of times. Do we need to file a new Homestead Declaration every time we refinance?

  • Re: California Homestead declaration

    No.

    Carl Starrett
    Law Offices of Carl H. Starrett II
    1941-C Friendship Drive
    El Cajon, CA 92020-1144