Property Division

Property Division

Property division is a key issue in any divorce and can have a significant impact on your financial security. A knowledgeable divorce attorney can help you understand your rights, help you understand what to expect and ensure the protection of your rights.

If you need to speak with a divorce lawyer, I encourage you to contact me, attorney J. David Markham. I can handle any property division issue that may arise in your divorce, including:

  • Characterization of property (marital vs. separate property)
  • Division of retirement accounts
  • Division of personal property
  • Business valuations
  • Division of real estate and the marital home

I am committed to providing each of my clients with quality legal representation and superior service. To schedule your consultation, contact my law office in Lakeport, California.

Property Division Laws

California is a community property state. Property acquired during a marriage is typically classified as community property, with limited exceptions. Separate property includes property acquired by a spouse prior to a marriage and limited property acquired during a marriage, including property acquired by gift or inheritance.

When spouses are unable to reach an agreement about how their property should be divided, a court will divide their property in an equitable fashion. While a court may divide community property on an equal 50-50 basis, equitable division does not require an equal 50-50 split.

Property Division

Protect Your Rights

Given the wide discretion that courts have to divide property in an equitable fashion, it is critical that you retain a skilled divorce lawyer who can negotiate a fair division of property on your behalf or make a compelling argument on your behalf at trial.

I have more than a decade of legal experience. As a former prosecutor and insurance defense lawyer, I have considerable trial experience and strong negotiation skills.

I take time to listen to my clients and understand their objectives. For some of my clients, receiving an award of the marital home is critical. For others, having access to liquid assets, such as investment or savings accounts, is more important. By taking time to understand your objectives, I provide tailored services designed to meet your needs.

Read More →

Truck Accidents

Truck Accidents

Representing Semi-Truck Accident Victims

A car-truck collision can happen in a split second, but can change lives forever. Truck accidents often result in catastrophic injuries to the driver and passengers of the smaller vehicle. If you have suffered a brain injury, back injury, spinal cord injury, paralysis or another serious injury – or if you have lost a loved one in a fatal semi accident – talk to a personal injury lawyer about your specific options.

I am Lakeport truck accident attorney J. David Markham. I represent clients in the Lake County and Mendocino County areas who have been injured in trucking accidents. If you or someone close to you has been injured in a truck accident, please contact my law office to schedule a free consultation.

Pursuing Compensation for California Truck Accident Victims

Determining the cause of a truck accident is the first step in pursuing compensation for accident victims. Often, truck accidents are caused by the negligence of a truck driver or of the trucking company:

  • Driver fatigue
  • Falling asleep at the wheel
  • Distracted driving
  • Drunk driving
  • Swerving into adjacent lanes
  • Improperly secured loads
  • Malfunctioning equipment

Once the cause of the truck accident is determined and liability is established, I will help you seek maximum compensation for all accident-related expenses. This may include compensation for medical and hospital bills, lost wages, pain and suffering, and other related costs.

Read More →

Weapons and Firearms

Weapons and Firearms

Defense for People Charged With Gun and Weapon Crimes

Have you been caught with an illegal weapon? Are you a convicted felon who has been caught with a firearm? Were you accused of another crime, to which a firearms or weapons charge was added? These are all serious matters. If convicted, you could face fines or prison time. I can defend you against these charges. My name is J. David Markham, Attorney at Law.

Working out of my office in Lakeport, I provide gun and weapons defense representation to people in that community, as well as Clearlake and the surrounding parts of Lake County and Mendocino County.

Carrying an Illegal Weapon and Possession of a Firearm by a Felon

If you have been caught with an illegal weapon, such as a billy club, a switchblade or brass knuckles, you may be surprised to find that you are faced with serious charges, even if you had no intention of using the weapon. The same is true for convicted felons, whose restricted status makes it illegal to possess firearms.

My defense strategy in these cases often starts with a look at the issue of illegal search and seizure. As a lawyer and a certified criminal law specialist, I am well aware of the many flaws that may exist in the case against you. If you were stopped in the street for no reason, or even if you were pulled over for speeding and your car was searched for no reason, I will seek dismissal of the charges. Police have rules to follow, and when they do not follow them, their charges are worthless.

Weapons and Firearms

Use of a Firearm to Commit a Crime

If a firearm was used in the commission of another crime, the penalty will be enhanced. Common charges that gun crimes may be associated with are:

  • Drug crimes
  • Assault and violent crimes
  • Sex crimes
  • Burglary and robbery

Through negotiation, I will seek to have the enhanced charge stripped. Then I will fight the underlying charge, striving to get you the best possible outcome in your criminal defense case.

Read More →