Clarification on when a Court Commissioner can hear a case

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

Wife filed a petition for dissolution of marriage. At the hearing on the petition a Commissioner (rather than a Judge) made a series of temporary orders over husband’s objection. Husband was self-represented. Minute orders identified the Commissioner as “judge.” At subsequent hearing on wife’s motion to compel discovery, the Commissioner stated as a “‘preliminary matter’” she needed parties to sign …

The Vexatious Litigant

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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 …

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 …

Interpreting Court Orders

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An unpublished opinion out of San Diego County gives an intriguing analysis of interpreting the language in family law court orders that could be considered ambiguous.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 …

A Simple Explanation of the UCCJEA

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

The Uniform Child Custody Jurisdiction Enforcement Act is a body of laws that help us to determine which court in which state is the appropriate one to make decisions regarding child custody and visitation.  In one version or another the UCCJEA has been adopted by all 50 states.  UCCJEA cases can be challenging for lawyers, and even more so for …

Family Mediation

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From our eNewsletter by Deborah Lynn Zutter. What is mediation? Family mediation is a method of dispute resolution. People work with the mediator to identify the matters that need to be addressed, express their individual objectives, develop and consider options, and reach detailed agreements. Participation is voluntary. Each decision is voluntary. What kinds of family disputes? People who are separating …

Get Ye A Court Reporter!

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

An unpublished opinion out of Sacramento County give us yet another example of the necessity of having a court reporter at a contested hearing, and the dramatic consequences that result when no reporter is present. Vikas Sareen filed a request to modify his child support.  A hearing was held, but no court reporter was present so the Court of Appeal …

Family Law In All 50 States

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The American Bar Association’s Section of Family Law provides a great annual service.  That is its charting of the family laws for all 50 states.  Want to know how spousal support is calculated in Alaska?  Check out the charts.  Want to know about child custody in Georgia?  Check out the charts.  Each chart gives a brief synopsis of the prevailing …