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Michael Kelly
8 Family Law Attorneys & 25 Staff. One of California's Oldest & Largest Family Law Firms.

Learn how you can save money by assisting in the fact gathering process of your case.

WE EXCLUSIVELY DEFEND AGAINST PALIMONY SUITS!

The first California Palimony suit was brought by a girlfriend of the actor Lee Marvin, Michelle Triola, back in 1977.

Basic Palimony Requisites:

1) Did your significant other promise to take care of you for life?
2) Did you give up something to be with your significant other? (i.e., your career? your education?)
3) Dd you move to another part of the country?)
4) Did you or your significant other perform in accordance to your agreement? (buy a house? changed names? joined financial accounts?) start a business together?
5) Was a promise of marriage made?

It is highly recommended you speak with an experienced California family law lawyer. You should get an idea on what is possible and an understanding of the possible costs.

No charge consultation (310) 393-0236

New Client Questionnaire

PALIMONY SUITS:
(Never married, lived together
and promises made)

CALIFORNIA PALIMONY SUITS:
(Never married, lived together and promises made)

WE EXCLUSIVELY DEFEND AGAINST PALIMONY SUITS!

pal·i·mo·ny:

1. A judgment award including the addition of a support figure for life, bank accounts, property, and businesses and other financial accumulations. This is based on statutes and California Appellate case law of a proveable oral contract.

2. A financial award paid by one half of an unmarried partnership after the relationship ends. Based on California case law and statues on what consitutues a valid oral contract.

A word of advice from the Chairman of the California Family Law Institute, Michael Kelly:

The first palimony suit was brought by Michelle Triola a girlfriend of the actor Lee Marvin, back in 1977.

The lawsuit stated that Lee Marvin had promised to support Michelle Triola for the rest of her life. Then she alleged that she had given up a promising singing and acting career to be Lee Marvin's constant companion, traveling partner assistant.

Lee Marvin was married to Mrs. Lee Marvin at the time. The suit went to trial. It established the principal that "live-in-lovers" can sue on supposed oral contracts also called "pillow-talk" contracts.

Later litigation indicated that palimony suits are oral contracts. This requires that they must follow the precise law involving oral contract such as consideration and performance.

Ms. Triola never received a single dollar from Lee Marvin. She was not able to establish all the requisite requirements. On appellant remand the California Supreme Court sent it back to the trial court.

The trial court then attempted to give Ms. Triola $150,000 in rehabilitation money. That too went to the California Supreme Court. The California Supreme Court ruled that no rehabilitation could be ordered.

Approximately five years ago, in a clear move to stop "pillow-talk" lawsuits, the California Supreme Court in another case affirmed that all of the rules of an oral contract must be fulfilled in order to have a successful palimony suit.

Palimony is a popularized press term for an oral contract lawsuit. There is no statutory term for palimony.

Michael Kelly defended and hired the requisite legal team to start the defense of one of the largest palimony suits in California history wherein the gentleman was worth $95-million-dollars net. Ultimately, it was a successful defense.

WE ONLY DEFEND PALIMONY SUITS:

After forty years of exclusive family law practice, I have had extensive experience in both prosecuting and defending palimony suits. Palimony suits are currently and will be for the foreseeable future litigated as civil oral contract suits in California State Civil Courts NOT FAMILY LAW COURTS. We only defend against these suits and we are experts in doing so.

Keep in mind that in Palimony Suits:

  • Alimony cannot be awarded.
  • Rehabilitation cannot be awarded.
  • Attorney fees can not be awarded.
  • Accounting and tracing fees cannot be awarded.
  • Discovery fees for interrogatories and depositions cannot be awarded.

Many palimony cases are tried in front of a civil jury.

It is an absolute requirement that the parties have lived together. Absent this, a palimony suit will fall in a demur before it ever gets to litigation on its merits.

Only a highly skilled lawyer with significant jury and litigation experience stands a chance of successfully prosecuting a palimony suit.

Lovers can make promises to one another regarding long term commitments that may cause people to stop their careers, quit their jobs, relocate from one coast to the other or one state to the other, or sell their house or business in order to serve the relationship.

These and other factors are the measurements of damages that can be taken into consideration by a civil court (and jury) when hearing a palimony suit.

Prenuptial agreements, which we specialize in, are used to either cause the person making the promises to clearly put the terms and details of the relationship into writing or, as importantly, exclude certain responsibilities from the relationship.

Unmarried people can promise one another to pay monthly or yearly support depending on the length of time of the relationship or to the degree that they have an important career whether it is acting or business, or writing, all of which can have a significant impact on their life such as a major relocation.

These agreements can bring a significant amount of integrity and honor into an unmarried relationship or they can be the greatest insurance policy for an individual of high income, trust fund income, or significant assets.

I have never had one of my agreements overturned in 30-years. But I use extensive doctor, psychology and advisory participation. More importantly, I configure my agreements over audio and videotape live testimonial while they sign the prenuptial agreement.

I have never had any agreement overturned in the last 30 years because of this audio and video requirement that are included in the preparation.

This technique eliminates many of the typical defenses such as "I didn't understand it," "I was drunk or on dope," or "I signed under duress."

Because of the Barry Bonds case involving a 48-million-dollar contract and a prenuptial agreement, new statues have been passed by the California State legislator making prenuptial agreements even more difficult.

Only a skilled family law expert should prepare a prenuptial agreement. The greatest mistake I see people make is to pull a prenuptial agreement from a book or off the Internet and prepare them themselves or have an average attorney do it for them.

This is the most expense error an individual can ever make. And they are almost always and easily overturned. This becomes extremely costly for people who prepared a co-habitation or prenuptial agreement were then married.

MICHAEL KELLY, CALIFORNIA FAMILY LAW

WE EXCLUSIVELY DEFEND AGAINST PALIMONY SUITS!

8 California Family Law Attorneys:

California Family Law Institute (MAP)
429 Santa Monica Blvd., Suite 120
Santa Monica, CA 90401
(310) 393-0236 Fax (310) 393-4221
California Family Law Institute (e-mail)

DISCLAIMER:
Information provided on this site is not legal advice, please speak to a licensed attorney. Results not guaranteed, your outcome may vary. Reading content on this web site or filling out the client questionaire or sending an email to this organization or speaking with any of it's representatives does not create an attorney-client relationship, or protect any confidential information until a written agreement is signed. This ad is void where prohibited by law.

Have you asked someone to give up their career?
Have you asked someone to give up their education?
Did you ask your significant other to relocate with you?
Have you asked someone to move in with you?

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for over 40 years with 8 family law divorce attorneys and 25 support staff:

Our California family law lawyers can proudly serve the residents of Los Angeles, Beverly Hills, West Los Angeles, West Hollywood, Brentwood, Century City, Venice, Hermosa Beach, Manhattan Beach, South Bay, Bel Air, Santa Monica, Culver City, Mar Vista, Rancho Palos Verdes, Pacific Palisades, Commerce, Marina del Rey, Playa del Rey, Playa Vista, Cheviot Hills, Malibu, Hawthorne, Redondo Beach, Torrance, Long Beach, Westchester, Pasadena, El Segundo, Burbank, Studio City, Universal City, Sherman Oaks, Glendale, Agoura, Agoura Hills, San Gabriel, San Marino, Santa Clarita, Sierra Madre, Calabasas, Bell Canyon, Chatsworth, Newbury Park, Moorpark, Oak Park, Simi Valley, Wood Ranch, North Ranch, Lake Sherwood, Camarillio, Conejo Valley, Woodland Hills, Hidden Hills, Bradbury, Inglewood, Glendora, Rolling Hills, La Canada Flintridge, Encino, Tarzana, Reseda, West Lake Village, San Fernando Valley, Norwalk, Newport Beach, Seal Beach, Los Angeles County, Ventura County, Upland, Westminister, and Orange County.

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