Milpitas Divorce Lawyer, California

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Includes: Alimony & Spousal Support

Diego  MacWilliam Lawyer

Diego MacWilliam

VERIFIED
Divorce & Family Law, Custody & Visitation, Child Support, Alimony & Spousal Support, Prenuptial Agreements

The Law Office of Diego F. MacWilliam has been in practice throughout the San Francisco Bay Area for over 20 years. The firm handles divorce, legal s... (more)

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800-735-1570

Kevin Hutcheson

Family Law, Divorce, Divorce & Family Law
Status:  In Good Standing           

Alfredo M. Morales

Domestic Violence & Neglect, Alimony & Spousal Support, DUI-DWI, Criminal
Status:  In Good Standing           

FREE CONSULTATION 

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Martha N. Parker

Farms, Domestic Violence & Neglect, Divorce, Child Support
Status:  In Good Standing           

Evelyn M. Rodriguez

Adoption, Alimony & Spousal Support, Art, Business Organization
Status:  In Good Standing           

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Jack Benoun

Family Law, Wills & Probate, Wills, Divorce
Status:  In Good Standing           

FREE CONSULTATION 

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Sharon Louise Roper

Adoption, Alimony & Spousal Support, Child Support, Children's Rights
Status:  In Good Standing           

Robert L. Lewis

Collaborative Law, Family Law, Divorce, Child Support
Status:  In Good Standing           

Elizabeth A. Puttock

Alimony & Spousal Support, Child Support, Farms, Divorce
Status:  In Good Standing           

Elizabeth Manassau

Estate Planning, Family Law, Divorce, Bankruptcy
Status:  In Good Standing           Licensed:  20 Years

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LEGAL TERMS

CONSUMMATION

The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.

POT TRUST

A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One impor... (more...)
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.

CLOSE CORPORATION

A corporation owned and operated by a few individuals, often members of the same family, rather than by public shareholders. State laws permit close corporation... (more...)
A corporation owned and operated by a few individuals, often members of the same family, rather than by public shareholders. State laws permit close corporations to function more informally than regular corporations. For example, shareholders can make decisions without holding meetings of the board of directors, and can fill vacancies on the board without a vote of the shareholders.

BRIEF

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)
In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

CUSTODIAL INTERFERENCE

The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even... (more...)
The taking of a child from his or her parent with the intent to interfere with that parent's physical custody of the child. This is a crime in most states, even if the taker also has custody rights.

ADOPT

(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative bo... (more...)
(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative body may adopt a law or an amendment, a government agency may adopt a regulation or a party to a lawsuit may adopt a particular argument.

GUARDIAN AD LITEM

A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. Fo... (more...)
A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. For example, a guardian ad litem (GAL) may be appointed to represent the interests of a child whose parents are locked in a contentious battle for custody, or to protect a child's interests in a lawsuit where there are allegations of child abuse. The GAL may conduct interviews and investigations, make reports to the court and participate in court hearings or mediation sessions. Sometimes called court-appointed special advocates (CASAs).

CONNIVANCE

A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adul... (more...)
A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adultery, and if he tried to divorce her for her behavior, she could assert his connivance as a defense.

SAMPLE LEGAL CASES

Stone Street Capital, LLC v. California State Lottery Com.

... BACKGROUND. 1. The Lottery Winnings and Arizona Divorce Proceedings. ... On December 1, 2006, Linda Foster reopened the dissolution proceedings in the Arizona Superior Court to modify the 2003 divorce decree and clarify ownership of the assigned payments. ...

In re Marriage cases

43 Cal.4th 757 (2008). In re MARRIAGE CASES. [Six consolidated appeals.] [1]. No. S147999. Supreme Court of California. May 15, 2008. 765 Alliance Defense Fund, Benjamin W. Bull, Glen Lavy, Timothy Donald Chandler, Christopher ...

Estate of Kievernagel

... The Agreement also provided the sperm sample was to be discarded upon divorce. ... According to the marriage counselor, Joseph believed Iris would divorce him if he did not agree to have children and a divorce would 1027 devastate him. ...