In an action for dissolution of a domestic partnership, the family law court awarded joint custody of the partners’ child. C.P., who gave birth to the child, contends that a person other than the birth parent may not be awarded custody unless the birth parent is found to be unfit. C.P. and D.F, a same-sex …
No Warning Perhaps the first cause of children’s emotional reactions to divorce is that they are ill-prepared for the news that their parents are separating. Many children get no warning that their family is falling apart. Parents rarely discuss with their children the problems in their marriage or the possibility of separating before the event …
The law is a service business. One of the best ways for keeping clients happy is to deal with them, and their concerns, in a timely fashion. If a client takes the time to call his lawyer and asks for a call back knowing that it is going to create billable time for the lawyer, …
Spouses often execute deeds between themselves for property. They want to protect the property from lawsuits and creditors, they want to refinance and have to get around bad credit problems, they want to avoid probate, etc., etc. These transfers are all fine and dandy until there is a divorce. Consider Christina and Muriel. Christina filed …
There are many reasons people consider divorce. One of the most common situations is that the two people have grown apart. Sometimes this can happen gently and calmly. Other times it is associated with a lot of resentment, anger, and hurt. Fighting is the biggest reason people say they want a divorce. People fight for …
From our eNewsletter: 1. Failing to have an institution to institution transfer of retirement funds and therefore having to pay taxes on those funds. Do you know how to correctly transfer funds to avoid taxes? 2. Not knowing when you can withdraw retirement funds from a retirement account without paying a 10% penalty if you …
Lawyers often talk about a child’s preference as if it is the deciding factor in resolving separation disputes. This tends to encourage parents to rely on, and even cultivate children’s opinions that may or may not be independent. In many, if not most, Western countries, the law is obliged to take into account children’s wishes, …
A study conducted by the American Academy of Matrimonial Lawyers indicates that dates websites are becoming sources of evidence in divorce cases. “Dating website users can often face temptation to embellish some personal information on profiles, but this lack of honesty could prove costly for someone in the middle of a divorce or child custody …
Going through a divorce is at best a miserable experience. Fortunately that too shall pass, and then life moves on. However, the consequences linger. Awkwardness, insecurity, bitterness can all be part of the divorce hangover. Fear not, there is sound advice for women re-entering the dating scene. Marni Battista offers her man advice in a …
Paul and Jeanette got divorced in 1999. As part of their settlement certain properties were divided, and there were agreement to sell certain properties. Also, Paul was to pay spousal support to Jeanette. Subsequently Paul married Patricia, and he got behind in his spousal support payments to Jeanette. Paul also transferred certain properties that were …
A published opinion out of Alameda County helps us to assess a spouse entitlement to spousal support and attorney’s fees when there has been a history of domestic violence. Veronica and Curtis married in 1999. Veronica filed for divorce in 2010. At the initial hearing in the case Curtis was ordered to pay $10,000 per …
From our eNewsletter. The gray area between staying married and divorcing is separating. What does this mean and what does it look like? There are more variations on this theme than any other, but most people don’t usually opt for separation as a long-term solution. When we hear that a husband and wife are separating, …
From our eNewsletter. Telling the kids that “mom and dad are separating” may be the most difficult and anxiety-riddled aspect of your entire divorce. But help is at hand. In this article, you’ll find age-group specific insights and advice on how to break the news to your children and support them through the process — …
An unpublished opinion out of Santa Clara County helps us to understand that an 80% work schedule can be considered full-time employment when calculating child support and calculating spousal support. Michael and Lily got married in 2003. They had two children. They separated in 2011. When they separated Michael was earning $9,156 per month as …
From our eNewsletter. By Judge Michele Lowrance. I have been a judge on the divorce bench for 16 years, and have watched the wreckage of the corrosive legacy of parental alienation syndrome and visitation interference play out over decades. We have no statistics for measuring this group, because the victims are too vast. But the …
From our eNewsletter: There are several ways child support can be paid, and each method has advantages and disadvantages. One parent can directly pay the other by cash, check, or money order. This person-to-person method is simple and does not require waiting for any processing time by the state. The receiving parent must keep records …
California has a recognized process whereby a victim of abuse can pursue restraining orders. If the action is commenced pursuant to certain provisions of California’s Family Code the court can also issue orders for child custody, child visitation, child support, spousal support, and property control and division. Because of these far reaching consequences we in …
The court reporter is the silent, often ignored, member of the courtroom team. He or she sits quietly, typing everything that is said into the stenography machine. The court reporter’s role is essential in recording and memorializing all of the testimony and argument offered, as well as all of the words uttered by the judge. …
Financial Recovery after Divorce From our eNewsletter One of the top four negative life experiences is divorce. It is heart melting and gut-wrenching. Divorce affects all parties involved. The husband and wife will ultimately have a reduction in income and/or an increase in expenses. Families and friends will be divided and most importantly children will …
Attorney’s fees are an issue in every family law case that involves attorneys. The generally accepted rule in California is that if one of the spouses has enough money to pay for his or her own attorney’s fees and costs, and can thereafter make a contribution toward the attorney’s fees and costs of the other …