View over 5000 legal questions answered by Tobie Waxman

Prenuptial Agreements

Family Law

Child Custody

Divorce

Alimony & Child Support

Property Division

QDROs

Prenuptial Agreements

Family Law

Child Custody

Divorce

Alimony & Child Support

Property Division

QDROs

What does "Fiduciary Duty" mean and what happens when it is breached?

Any transaction between a husband and wife arises in the context of a confidential relationship imposing a duty of the highest good faith and fair dealing on each spouse, with neither side taking unfair advantage of the other. The standard of care stems from California’s public policy that marriage is an equal partnership and that spouses owe each other the same highest duties owed by parties to a fiduciary relationship. In 2003, the California Legislature redefined the fiduciary relationship between spouses to include all of the duties owed by nonmarital business partners in Family Code Sec. 721(b). This confidential fiduciary relationship includes, but is not limited to: Providing access a

So. You want to represent yourself.

Be aware. There is no special treatment for pro se litigants. As a party representing her own interests, Martha Rothrock was not entitled to special treatment from the court once she fired her attorney and substituted herself as her own attorney. In re Marriage of Rothrock (2008) 159 Cal.App.4th 223. The California Supreme Court has specifically held that an in propria persona litigant (self-represented party) is held to the same procedural rules as an attorney. In other words, self-representation is not a ground for lenient treatment, so don't expect it. If you made a mistake, as no doubt you will if you choose to act as your own lawyer, don't tell the judge, "but your honor, I didn't k

Beware the lure of the "Quickie Divorce"

Likewise, quick and easy should never appear in the same sentence as the word "divorce". As far as "cheap" - well, you get what you pay for. It is a frequently appearing ad on the internet, or on a billboard, or in a local newspaper, for the low cost quickie divorce. Especially here in Los Angeles, where it is common for a legal service, not run by lawyers, or for a paralegal to market “Quick” Nevada divorces. This service is often used by non US Citizens who after settling in the US, meet an American boyfriend or girlfriend who is willing to marry him or her and Petition him or her for a green card. Although he or she may live in California, he or she decides to listen to the “Quick Nev

Recent Posts
Archive
Search By Tags
No tags yet.

Prenuptial Agreements

Family Law

Child Custody

Divorce

Alimony & Child Support

Property Division

QDROs

© 2013 by Law Offices of Tobie B. Waxman.  Proudly created with Wix.com

Law Offices of Tobie B. Waxman is located in Culver City, California, and serves clients throughout the world as well as from neighboring Los Angeles communities such as Santa Monica, Malibu, Marina Del Rey, Manhattan Beach, Ladera Heights, Beverlywood, Mar Vista, Venice, Brentwood, Playa Vista, Westchester, West Los Angeles and Torrance. Licensed to practice in all California courts, appearing most frequently in the courts of Southern California, including Los Angeles County, Orange County, Ventura County, and in the Courts of Appeal.