Litigation is necessary when the parties are unable to resolve their disagreements through mediation. The Court provides a forum for the parties to litigate issues which are contested and when the positions of the parties and or the emotional state of the parties preclude the parties from reaching an agreement on spousal support, child support, child custody, property division and attorney fees.
Lisa Ramsey will assess the case and provide guidance as to whether mediation or litigation is conducive to resolving the issues in your favor. Lisa Ramsey is a strong litigator and has experience with the Courts for the past twenty five years. She will provide you with the best representation to insure your rights and protect you from aggressive and or unreasonable spouses and their counsel.
Process of Litigation
Initially, in order to have the Court resolve the issues of your case, a formal written motion, a Request For Order is prepared and served on the opposing party. This motion can request child custody orders, child support orders, spousal support orders, obtaining an attorney fee order against the opposing party, domestic violence restraining orders and other temporary orders which are necessary to protect you in the early stages of the divorce process.
After the client has protective orders and orders which outline the Court orders on support, custody, attorney fees, the case moves forward with the objective to obtain information regarding the property division issues of the case such as the valuation of the business, home, retirements, bank accounts and other assets and debts. The best offensive action is to have all of the information so a valid valuation of the community estate is made to assess the respective financial positions of the parties.
California law provides that each party must disclose all assets and debts which exist at the date of separation. This process is known as the discovery phase of the litigation.
The parties are mandated to exchange a Schedule of Assets and Debts and an Income and Expense Declaration as well as the local rule 2:8:2 documents of twelve months of bank statements, the last two tax returns and six months of paystubs or a recent profit and loss. Depending upon the complexity of the case, further discovery is necessary which is propagated with a formal discovery such as a Production of Documents, depositions of the parties and obtaining documents from third parties.
It is very important to have an attorney who is well versed in the various options for discovery to insure a fair and equal division of the property. Knowledge of the facts is a powerful tool to protect my clients. There are severe penalties and sanctions to a party who attempts to hide assets.
Business, Retirement and Real Appraisals
In order to provide the client with an accurate assessment of the community estate, appraisals of businesses, retirements, investment accounts and real property, an expert is engaged.
After discovery and evaluations are completed, the attorneys should engage in negotiations in order to settle the case. If the parties are unable to settle, the case is set for trial.
There are several factors to obtaining a positive outcome to trial. The first is the preparation of the trial brief, exhibits, and witness preparation. The second is the experience of your attorney in presenting the evidence to the Court. Lisa Ramsey is an experienced and tenacious litigator. The Judge will make the decisions regarding the custody of your children, support, attorney fees and the property division.
It is of utmost importance the case is presented by your attorney in a professional and competent manner. Lisa Ramsey prepares each and every case for trial herself rather than relying on paralegals and other staff. This is advantageous to winning your case.
Trusted, Experienced and Effective Divorce Litigator
In litigation, the knowledge, experience and effectiveness of the attorney is crucial. Lisa Ramsey has been a trusted attorney representing client’s on the central coast for the past twenty five years. Her ability to authoritatively and convincingly present your case to the court ensures success.