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Edgar Diaz

  • Personal Injury, Family Law, Divorce...
  • California
Claimed Lawyer ProfileQ&A
Practice Areas
  • Personal Injury
  • Family Law
  • Divorce
  • Bankruptcy
  • Social Security Disability
  • Criminal Law
  • Insurance Claims
  • DUI & DWI
  • Nursing Home Abuse
  • Workers' Compensation
  • Traffic Tickets
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
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9th Circuit
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  • Spanish: Spoken, Written
Legal Answers
9 Questions Answered

Q. I don't have money to pay for an attorney to handle my divorce. Do I have to do it myself? This is a terrifying thought!
A: If you're spouse has money then the court can order him/her to pay for your fees and costs, including attorney's fees. If neither you or your spouse have any money, then you can go to a self help center at court and ask for free help and a fee waiver. They are not lawyers, they will only help you fill out the forms, and normally there are a lot of people waiting in line. If your spouse has money, an attorney MAY file the paperwork with a fee waiver and ask the court to have your spouse pay your attorney's fees.
Q. i live im calif amd have beem legaly married for 14 years but o i lived with him for 1,am i emtitle to amythimg
A: It depends what the date of separation was, or if there is a date of separation. Date of Separation is a specific definition whereby both parties exhibit an intent to divorce, and do not intend to continue with the marriage. Any property acquired during marriage is community property. Marriage is from the date of marriage to the date of separation.
Q. I inheirited a home, lived in it, sold it,with the proceeds bought a new home, is it community property?
A: the home you inherited was your separate property. When you converted that home to money, and used YOUR money to buy a home during marriage, then he has a claim that the home is community property, absent written agreement to the contrary. If you wanted to keep it separate, you could of made him sign a post nuptial agreement. If you are thinking about a divorce, then you should hire an attorney and get advice in person. I would need more facts to give you a clear answer. Don't rely on this as legal advice, it is only to be used for informational purposes. I am not your attorney and this does not create an attorney-client relationship. Hire an attorney and speak with him/her in person.
Q. Who has the custody for a 6 months old baby in Los Angelo's California between a Canadian father and american mother?
A: both parties have equal rights to the child, the court will make a determination as to who will have primary physical custody. Absent a court order,, both parents have equal rights.
Q. if debt was accumulated prior to marriage but continued to grow during who is responsible for it?
A: The interest that has accumulated from the principle debt that was acquired prior to marriage is still separate debt. Any new debt and interest on that new debt that was acquired during marriage is community. For example, if you had $1000 of credit card debt prior to marriage, and during marriage you never used that credit card but the interest added $250, for a total debt of $1,250.00, then an attorney would argue that all that debt is separate debt and only the spouse that incurred the debt is responsible. However, if the credit card was used during marriage and it added another $1,000.00 to the debt for a total of $2000 principle plus $500 interest, then the $1000 prior debt and interest is still separate, but the new principle debt and new interest is community. (separate is only one spouse is responsible, community is that both spouses are responsible).
Q. how to write a extension for personal injury time limit
A: To who? the court? Insurance company? There is a 2 year statute of limitations for injury lawsuits, but certain exceptions apply. If you have a personal injury case, consult an attorney in your area.
Q. injured at work was on disability I t ran out workman comp don't want to pay until settlement hearing is that legal
A: Ask your attorney, if you don't have an attorney, hire a personal injury or workers comp/disability attorney in your area. But yes, normally they pay a settlement at the conclusion of the case.
Q. What kind of lawyer is needed to sue a major pest control corporation?
A: Depends on why you are suing them for? Did they injure you physically? Or did they breach a contract? If they somehow injured you, then you should retain a personal injury attorney.
Q. What is the California statue of limitations on personal injury lawsuits?
A: It's 2 years, but you need to a consult an attorney in order to go over the facts of your case. "Personal injury" encompasses many areas of law, and sometimes they have different Statute of Limitations, especially if you're suing a county, State, or any other public entity. There is a different Statute of Limitations for suing public entities or quasi public entities. I am not your lawyer, don't take this as advice from an attorney, this is only for informational purposes and my advice would be to consult an attorney in person.
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27780 Jefferson Avenue
Temecula, CA 92590
Telephone: (951) 776-6659