The Vexatious Litigant

hl-admin Blog, Family law procedure, General divorce information Leave a Comment

If you have a compulsion to go to court for no apparent reason it can get you into hot water.  Section 391 of California’s Code of Civil Procedure says a vexatious litigant is “a person who has, while acting [as his or her own attorney], initiated or prosecuted numerous meritless litigations, relitigated or attempted to relitigate matters previously determined against …

Celebrity Divorce News

hl-admin Blog, News Leave a Comment

It has been some time since we brought you a post under our most popular topic: Celebrity Divorce. There has been so much family law action in Hollywood lately that we just could not wait any longer. Patrick (“McDreamie”) Dempsey, James Caan, and Guns & Roses guitarist Slash have all lawyered up in the last week. Last month comedien Chris …

Divorce Disclosures Are Serious Stuff

hl-admin Blog, Community property, Family law procedure, John Harding, Property division Leave a Comment

As part of every California divorce each spouse is compelled to complete and exchange declarations of disclosure that list all property and debt. Some lawyers take shortcuts when preparing the disclosures for their clients.  We don’t at Harding & Associates Family Law! Our clients spend a lot of time with us making sure that there disclosures are done 110%.  Here …

Be Wary Ye Paternity Payor Who Returns To The Family

hl-admin Blog Leave a Comment

When a published opinion starts with “family law is not getting any easier” in the first paragraph and “the question is of first impression in California”in the second paragraph you know something big is about to follow. . .  Well, so starts the opinion in Helgestad v. Vargas. Allyson and George never get married. They did live together and have …

Interpreting Court Orders

hl-admin Blog, Family law procedure, John Harding Leave a Comment

An unpublished opinion out of San Diego County gives an intriguing analysis of interpreting the language in family law court orders that could be considered ambiguous. Denny and Catherine got divorced in 2009. The court ordered Denny to pay child support and spousal support.  With respect to spousal support the court order stated:  “This order shall not be a final …

Dem Cats

hl-admin Blog, News Leave a Comment

If you come by to visit us at our Pleasanton office you are going to see a lot of cats around the property. Well, not a lot, but four or five. Turns out we have become home base for a colony of feral cats. The pictures you see are of some of our clan. Of course, there is a back …

Getting A Mortgage After Divorce

hl-admin Blog Leave a Comment

The family residence is often the most valuable asset in divorce.  Valuable economically, and valuable emotionally. It is quite common for one spouse to want to keep the house despite the divorce.  The follow-up is that the ex-spouse keeping the house will usually have to write a check to the other ex-spouse.  Therein lies the rub, because that big chink …