Articles Posted in Uncategorized

What Does “Fiduciary Duty” Mean and What Happens When It Is Breached?
Law Offices of Tobie B. Waxman

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…

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So. You Want to Represent Yourself.
Law Offices of Tobie B. Waxman

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…

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Beware the Lure of the “Quickie Divorce”
Law Offices of Tobie B. Waxman

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…

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What’s the Point of Getting a Prenuptial Agreement? Can’t It Just Get Thrown Out in Court W
Law Offices of Tobie B. Waxman

Not necessarily. While no attorney can guarantee the enforceability of a prenuptial agreement (aka premarital agreement), it is usually changes in the law or the circumstances that might cause a prenuptial agreement to be ruled invalid, void voidable, or unenforceable based on factors such as failure to disclose, fraud, duress, unconscionability, or mistake. While changes…

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How Much Does the Average Divorce Cost?
Law Offices of Tobie B. Waxman

I’m asked this question at least once every single day. My answer is always the same: (1) There’s no such thing as “the average divorce”; and (2) It depends. The only lawyer who can predict for you what your divorce will cost is someone who possesses the gift of clairvoyance. The good news is that…

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How Do I Find the Right Lawyer?
Law Offices of Tobie B. Waxman

If you are seeking a divorce, you may be temped to file for divorce on your own using court provided documents or information from a book or website. While a do-it-yourself divorce may be acceptable in some istuations, most people should consider hiring a divorce lawyer to repsernt their interests. How do you choose the…

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Can We Draft Our Own Prenuptial Agreement?
Law Offices of Tobie B. Waxman

Why do you need the help of lawyers when drafting or deciding whether to sign a Prenuptial Agreement? If you want to end up with a clear and binding premarital agreement (one that you and your fiancée understand), you should get help from a good lawyer. In fact, you will need two lawyers — one…

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Applying for a Minor’s Passport When Ex-Spouse or the Other Parent Will Not Cooperate.
Law Offices of Tobie B. Waxman

As directed by Public Law 106-113 and 22 CFR 51.28, to submit an application for a new passport or to renew the passport of a child under the age of 16, BOTH PARENTS or the child’s legal guardian(s) must appear at the passport office (or post office) and present the required documentation. After a divorce,…

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How Do I Choose a Suitable Guardian for My Children?
Law Offices of Tobie B. Waxman

It’s difficult to think about not being there to raise your children. Imagine instead, a court choosing their guardian with no input from you. Imagine your relatives arguing in court over who gets your children. Imagine they agree about who gets to raise your children, but they choose someone you would not have chosen. That’s…

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Don’t Forget Your Digital Assets and Social Network Accounts When Preparing Your Estate Plan.
Law Offices of Tobie B. Waxman

Have you thought about what would happen to your e-mail account, Twitter or Facebook accounts if you became incapacitated or if you died? With Power of Attorney you can designate an agent that will have the power to access, use, and/or control your digital devices, including desktop computers, laptops, tablets, peripherals, storage devices, mobile telephones,…

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