Niven & Niven, Attorneys at Law (714) 978-7887
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Niven & Niven
Let's face it, nobody wants to spend the money to hire an attorney, much less go to court.
If you find yourself faced with such a situation, you'll need an attorney who will treat your situation with compassion and understanding. You'll also need an experienced and aggressive attorney who will protect your rights and do what's best for you and your family, child or children.
The lawyers at Niven & Niven, Attorneys at Law have extensive experience handling Divorce, Child Custody, Personal Injury, Probate and Business matters. We will treat your case with the care and attention you deserve, while aggressively protecting your rights.
We are located in Orange County, California, which is adjacent to Los Angeles, Riverside and San Diego Counties.
Our primary emphasis is on Family Law (Divorce, Annulment, Legal Separation, Child Custody, Child Support, Spousal Support, Property Division, Domestic Violence and matters directed thereto), Personal Injury, Probate (Wills, Will Contests, Probate of Estates, Guardianship, Trust and Conservatorship Litigation), and Business.
Louis M. Niven is a Certified Specialist in Family Law, certified by the State Bar of California, Board of Legal Specialization since 1981. In addition to Family Law, he has over 30 years experience in the related matters of Personal Injury, Probate and Business.
Leslie L. Niven is admitted to practice in California, Australia, England and Wales and has practiced in the areas of Family Law, Personal Injury, Probate and Business since 1995. She has extensive experience in Personal Injury having practiced in that field in both California and Australia. In addition to personal injury, Leslie's practice emphasizes Probate as well as Family Law and Business, both local and international.
Our most important assets are our clients. Our law firm works in "partnership" with our clients in attempting to accomplish the client's objectives. We recognize that clients need lawyers with whom they can talk. It is important that clients and lawyers communicate so they can work together toward the achievement of their objectives, rather than merely reacting.
The most important quality of an enduring lawyer/client relationship is communication. We strive to maintain an open, candid dialogue with our clients.
Our sense of "partnership" with our clients illustrates an important principle: we understand the meaning of being in a service business. For our firm to be successful in representing our clients we must diligently assist them in achieving their goals and guiding them in the resolution of their needs.
We have a sense of urgency about our clients' needs and provide experienced and aggressive legal representation for our clients.
Leslie L. Niven, A Professional Law Corporation:
Court Memberships:
State Bar of California (admitted 1995)
All State Courts within the State of California
United States District Court, Central District of California
United States District Court, Eastern District of California
United States Court of Appeals, Ninth Circuit
Supreme Court of Queensland (Australia) (admitted 2001)
High Court of Australia (admitted 2002)
Supreme Court of England and Wales (admitted 2007)
Education:
Rancho Santiago College (A.A.)
California State University-Fullerton
Western State University, College of Law (B.S.L.)
American College of Law (J.D.)
Queensland University of Technology (Australia) (Grad. Dip. L.P.)
Professional Memberships:
State Bar of California
American Bar Association
Orange County Bar Association
Queensland Law Society
Law Society of England and Wales
Currently:
Admitted to practice in California, Australia, England and Wales
Louis M. Niven, A Professional Law Corporation:
State Bar of California (admitted 1960)
United States Supreme Court
Florida State University;
University of Alabama;
Birmingham-Southern College (B.A.);
Tulane University at Louisiana;
University of California at Los Angeles (J.D.);
Professor of Law, American College of Law (1992).
State Bar of California (Member, Family Law Section);
Orange County Bar Association (Member, Section on Family Law);
American Bar Association;
Accepted as Life Member, National Registry of Whos Who;
Orange County Superior Court, Arbitrator 1983 to present;
Panel Chair, California State Bar, Fee Arbitration Department 1983-1997.
Legal Specialty:
Certified Specialist, Family Law, State Bar of California, Board of Legal Specialization since 1981.
Published/Reported Cases:
Uva vs. Evans, 83 CA 3rd, 356 (1978).
Lynda S. Teuben:
Golden West College (AA in legal assisting);
Santa Ana College (Legal Assistant Certification)
Legal Experience:
Paralegal over 25 years with Louis M. Niven
We handle all aspects of Family Law. Family law encompasses many facets of the family relationship, including but not limited to the following:
Divorce/Dissolution of Marriage
Annulment
Legal Separation
Child Custody
Child Visitation
Child Support
Spousal Support
Separate Property
Community Property
Property Tracing & Division
Pension & Retirement Rights
Business Buy-Outs
Prenuptial Agreements
Post Marital Agreements
Marriage Settlement Agreements
Orders to Show Cause (Temporary & Modifications)
Restraining Orders
Ex Parte Hearings (Emergency Requests)
Domestic Violence
Paternity Actions
We handle various aspects of Probate matters, including the following:
Wills
Codicils
Probate of Estate
Will Contests
Letters of Administration
Creditors Claims
Trusts
Conservatorships
Guardianships
Litigation
We handle various aspects of Business transactions and related matters, including the following:
Partnerships
Corporations
Limited Partnerships
Limited Liability Companies (LLC)
Limited Liability Partnerships (LLP)
Business Agreements
Commercial Lease Agreements
Dissolution of Businesses
Buy-Sell Agreements
Bankruptcy
We handle various aspects of Personal Injury. Personal injury involves all aspects of injury to a person's body irrespective of the source or cause, including but not limited to the following handled by our office:
Automobile Accidents
Pedestrian Involved Accidents
Product Liability
Third Party Industrial Accidents
FEDERAL GOVERNMENT LINKS
The White House
United States Senate
United States House of Representatives
Federal Government Agencies Directory
Social Security Administration
Library of Congress
Catalog of US Government Publications
MISCELLANEOUS RELATED LINKS
National Center for Missing and Exploited Children
Association of Missing and Exploited Children's Organizations
Adoptions Search
STATE GOVERNMENT LINKS
State Courts of California (Counties)
California State Assembly
California State Senate
California Secretary of State
Thank you for visiting our Web site. No matter how stressful your situation is, you don't have to face this time without firm legal counsel on your side. Please call us for an initial consultation so that we may give you sound advice for your particular situation.
The City Tower
333 City Boulevard West
Suite 1605
Orange, California 92868
TELEPHONE: + 1 714 978-7887
FAX: + 1 714 978-7330
E-MAIL: louis_nivenandniven.net
leslie_nivenandniven.net
lynda_nivenandniven.net
The information provided herein is general in nature and should not be used as a substitute for formal legal advice.
WHAT ARE THE GROUNDS FOR DISSOLUTION OR LEGAL SEPARATION?
A marriage dissolution or legal separation can be obtained in California only on grounds of irreconcilable differences or incurable insanity.
"Irreconcilable Differences": Generally, a marriage dissolution or legal separation is sought on the ground of "irreconcilable differences, which have caused the irremediable breakdown of the marriage."
The issue of irreconcilable differences is rarely a point of contention. Courts readily accept either spouse's belief that the marital differences are irreconcilable and thus a "substantial reason" for not continuing the marriage.
Either party's alleged fault or misconduct may not be invoked to withhold a requested judgment of dissolution.
"Incurable insanity": A spouse's "incurable insanity" is the only other ground for marriage dissolution or legal separation.
HOW IS CHILD SUPPORT DETERMINED?
In determining the appropriate amount of child support (whether by way of an initial pendente lite/temporary or "permanent" order or modification of an existing order), all California courts must adhere to the "statewide uniform child support guideline."
Federal law requires uniform statewide "guidelines" to be applied "in any judicial or administrative proceeding for the award of child support . . ."
The "guidelines" take various factors into consideration including mutual duty to support, ability, standard of living, the time each parent has with the child, etc.
WHAT IF THE NON-CUSTODIAL PARENT HAS AN EXTRAORDINARILY HIGH INCOME? DO THE SUPPORT GUIDELINES STILL FULLY APPLY?
The court can exercise its discretion to dispense with the normal steps where the non-custodial parent stipulates (i) to an extraordinarily high income figure, (ii) that he or she can pay any reasonable child support amount (thus removing the issue of his or her ability to pay), and (iii) that he or she will accede to any order the court may make, even one in excess of the guideline formula amount, so long as the award addresses the child's/children's reasonable needs commensurate with the non-custodial parent's status as an extraordinarily high earner.
WHAT IS AN "ORDER TO SHOW CAUSE"?
A "temporary" order (also referred to as "pendente lite" relief) pending trial and ultimate judgment. Many of these orders are designed to maintain the "status quo" until the contested issues can be adjudicated; some, labeled "protective orders," are specifically designed to ensure the safety of a party and children in "domestic violence" situations.
WHAT ARE THE DIFFERENT TYPES OF CUSTODIAL ARRANGEMENTS?
Exclusive custody ("legal" and "physical") to one parent: An exclusive custody order gives one parent primary physical control of the child, with the right to make decisions regarding the childs residence, health, education, and welfare. The non-custodial parent has secondary visitation rights as ordered by the court.
Sole physical custody: A parent may be granted exclusive physical custody without exclusive legal custody. This means the child resides with and is supervised by one parent, subject to the other parent's visitation rights; but the custodial parent does not have sole decision-making power regarding other matters affecting the child.
Sole legal custody: A parent may be awarded the exclusive right and responsibility to make decisions relating to the child's health, education and welfare; but unless exclusive physical custody is also granted, that parent does not have sole control over the child's residence and supervision.
Joint custody
"Pure" joint custody: Under a "pure" joint custody plan, neither parent has sole physical or legal custody; both have authority to control and supervise the child, and the child's physical presence is shared.
Joint legal custody: Under joint legal custody both parents share the right and responsibility to make decisions regarding the child's health, education and welfare.
Joint legal custody may be granted without granting joint physical custody. In that event, while the parents share decision-making responsibility, the child resides with and is under the physical supervision of only one of the parents.
Joint physical custody: A joint physical custody award means each parent has "significant periods" of physical custody. Physical custody must be shared in such a way as to assure the child "frequent and continuing contact with both parents," but that does not mean the childs time must be equally divided with each parent, i.e. one parent can still be the "primary caretaker."
WHAT IS THE SIGNIFICANCE OF PROPERTY CHARACTERIZATION TO PROPERTY DIVISION?
Characterizing the status of property interests as "community" and/or" quasi-community" or "quasi-marital" or "separate" property is the starting point for the resolution of marital property rights and obligations. "Characterization must take place in order to determine the rights and liabilities of the parties with respect to a particular asset or obligation and is an integral part of the division of property on marital dissolution."
The parties may, of course, agree as to the status of all or any part of their property interests. But absent such agreement, characterization disputes are decided under a vast body of statutory and case law.
Factors generally determinative of separate vs. community property characterization generally are the time of the property's acquisition, the operation of various presumptions (particularly the form of title presumptions), and whether there has been an effective transmutation from separate to community or vice versa.
IS THERE A PERIOD OF TIME IN CIVIL CASES, INCLUDING PERSONAL INJURY MATTERS BY WHICH A LAWSUIT MUST BE FILED?
In all such actions there is a limitation period by which the case must be fully settled or a lawsuit filed, failing which, the claim will be barred. In tort or personal injury cases the period is generally one year from the date of the accident. You must consult with an attorney to determine the precise limitation period for your particular action long before the one year anniversary date.
WHAT IS THE PURPOSE OF A WILL?
A will is an instrument in or by which a qualified person directs the disposition of his or her property, to become effective only following such person's death, without which the disposition of such property by state statute may be other than such person would have intended. There are various types of wills and trusts and other instruments that can be used to direct the disposition of property. Tax consequences at times dictate the manner of disposition and the instrument used.
(714) 978-7887
Disclaimer: This website provides general information only and should not be used as a substitute for formal legal advice. This website does not create and attorney/client relationship, nor does the author take responsibility for any misuse or interpretation of the provided information. If you have any questions, please seek legal counsel of your choosing before proceeding with your legal matter. This site is intended to only provide general and educational knowledge to the public generally and is not intended to provide legal solutions to an individual's legal problems.
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