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Unlawful Detainer is an action filed by a landlord to evict a tenant from a rental.  The landlord and tenant both have legal rights and responsibilities whether or not they entered into a rental agreement.  Landlords can evict a tenant if they follow the exact procedure of providing notice to the tenant.  Tenants are protected in California from unlawful evictions but also have responsibilities as a renter.  Attorney Martin represents both landlords and tenants in Unlawful Detainer actions.

An Annulment or Ghet is available in limited circumstances when divorce is not appropriate.  Religious considerations may be an important factor for one or both parties.   Some need an Annulment or Ghet for a marriage of short duration.  If the Court grants and Annulment or Ghet than the marriage is legally invalidated.  In the eyes of the law, there was never any marriage between the parties.  The Court will only allow an Annulment or Ghet if the parties meet strict legal.

Please contact Attorney Martin to review whether an Annulment or Ghet is available in your case.

Stepparent Adoptions is available when an existing parent and their new spouse want to legally adopt a stepchild.  An agreement can be made between the biological parents and the stepparent to accomplish a Stepparent Adoption.  The Court can also issue an order for a Stepparent Adoption.  The Court must first make a decision to terminate the parental relationship before it decides if the Stepparent Adoption is appropriate.

Stepparent Adoption can be a sensitive issue and should not be entered into lightly.  The Court will consider the level of involvement of the biological parent in the child’s life by reviewing the current status of Child Custody and Visitation and if a parent is providing Child Support.  The Court appoints a social worker to investigate each case.  The Law Offices of Jeremy Martin has extensive experience in Stepparent Adoption and can advise you how to proceed.

Post-Judgment Modifications are available in both Divorce and Paternity matters.  Circumstances often change after a Judgment has been entered which require the parties to request a change.  For example, when there is a change in income for either party it may affect the amount of Child or Spousal Support.  Child Custody and Visitation may need to be changed because the child is older and needs a different schedule.

Post-Judgment Modifications are also necessary when an asset has not been divided pursuant to the terms of the Judgment.  Post-Judgment modification is also available when either party fails to comply with a Judgment.  A party can request specific relief from the Court or the parties can agree to a Post-Judgment Modifica

Prenuptial Agreements provide certainty in the unfortunate event of Divorce. Prenuptial Agreements are legal contracts between potential spouses with regard to their legal rights pertaining to existing property, future property, and/or Spousal Support.  Prenuptial Agreements cannot be used for every situation such as Child Custody and Visitation.

Prenuptial Agreements have strict legal requirements which must be complied with to guarantee that they will be enforceable by the Court.  Given that a Prenuptial Agreement is not a business negotiation it is important that both parties are fully informed of their legal rights and responsibilities when entering into the agreement.  It is also important to consult legal advice well in advance of your marriage date.   Please contact Mr. Martin to discuss the legal requirements for a Prenuptial Agreement.

Domestic Partnership has a new partner in the form of full marriage equality.  Domestic Partnership is still available but Marriage may be a better option depending on your particular needs.  The United States Supreme Court recently decided that Federal benefits are available to all married couples.  Marriage confers significant rights and responsibilities distinctive from Domestic Partnership.

Domestic Partners and their children now have the same legal protection in a Divorce proceeding.  The Court will decide issues of custody by determining the best interests of the child rather than the gender of the parent.  However, care is needed when dividing finances given the recent changes in Federal and California State law.  Attorney Martin is a proud member of the community who will vigorously pursue your equal treatment under the law.

Military divorce is significantly different than a civilian divorce.  The Servicemembers Civil Relief Act affects the legal rights and responsibilities of the parties.  If either party is a member of the military, it is important to understand that there is a different procedure and different requirements to the Military Divorce process.  Military families also have special circumstances which need to be taken into account when deciding the issues of Child Custody, Child Visitation, Child Support, and Spousal Support.  Military retirements are also different than civilian retirements and should be divided carefully.  Please contact Attorney Martin if you or your spouse is service member to ensure your Military Divorce is handled correctly.

Practice information coming soon.

San Diego Residents have to factor in family, property and finances when considering divorcing their spouses. Jeremy Martin, San Diego Divorce Attorney knows this process represents a major change in anyone’s life. He understands how important it is for you to have adept counsel at every stage to ensure a stable and consistent parenting plan for your children and to protect the finances necessary to care for your family.  It is years of experience that have taught him that each case represents different challenges which can, with a little work, be turned into opportunities minimizing the negative effects of divorce.

Please contact Attorney Martin to discuss the best strategy for approaching your case.

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