Family Law Blog

Get Back to Work! I'm Not Paying Support!

When couples separate there are many pre-settlement issues that need to be addressed, as well as settlement issues. One of them is whether one spouse should continually to financially support the ...
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When Violence is Not Abuse

W filed for divorce from H. In her petition, she requested sole custody of their son, spousal support and a domestic violence restraining order (DVRO). She stated that H had been violent toward her ...
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What Your Divorce Lawyer Needs to Know from You

When you decide to divorce your spouse, your divorce attorney will ask questions regarding your marriage: How long were you married? Do you have children? When did you separate from your spouse? What ...
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The Legal Separation of Mary Kay Letourneau and Vili Fualaau

In 1996, Mary Kay Letourneau was a Washington state suburban mother of four and a sixth grade teacher. Vili Fualaau was one of her students. Twleve-year-old Vili and thirty-four-year-old Mary Kay ...
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Parental Rights and Incorrigible Children

In El Salvador, F married his first wife and had a daughter [D]. They divorced, and F moved to the United States. He remarried and had four children with his current wife S. When D was 11 years old, ...
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Questions to Ask Before Hiring a Divorce Attorney

Divorce can be one of the most stress-inducing times in a person’s life. Besides the grief from a failed marriage, there is the overwhelming legal process to navigate. A process that is almost ...
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The 50th Anniversary of In Re Gault

May 15, 2017 is the fiftieth anniversary of the most important juvenile rights case in American history. It is important in family law, because it forms the base of providing children with their ...
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Sperm Donors and Presumed Father Status

M and J began a romantic relationship in 2002. M is a certified rolfer (a form of physical trainer) and J is a well-known actor. M wanted to be a mother, and J agreed to father a child with her. ...
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When Higher Income Means Less Child Support

In 2005, F and M had an affair that resulted in their daughter, Z. F is a married movie producer and director and M is a part time hair stylist. F has three children with his wife, and M has two other ...
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Prenups with Cheating Clauses

Carmelo Anthony is a professional basketball player with the New York Knicks. In 2007, he married television personality and author Alani “La La” Vazquez Anthony. They have one child, a ...
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But I Only Drove Drunk Once!

Mother (M) and Father (F) are the parents of two children, Daughter (D) and Son (S). In July of 2015, at about 2:30a.m., a California Highway patrol officer noticed a car being driven erratically on ...
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Selling Methamphetamine Doesn't Make Me a Bad Dad

Brother [B] (age six months) and sister [S] (age four years), lived with their unmarried mother [M] and father [F] in Los Angeles County. M was a school teacher. F was a licensed security guard, but ...
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Ex Wife Doesn't Have to Get a Job

Husband and Wife were married in 2001. Husband was a city firefighter and Wife was a secretary for a real estate agency. At the time of their marriage, Husband was 53 years old and Wife was 51 years ...
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Ex Parte Orders and Pendente Lite Relief

The dictionary defines ex parte as a Latin term meaning from (by/for) a party without the other party being present. However, the very basis of American jurisprudence is to have all representative ...
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What's Next After Filing for Divorce

The California Family Code and the state’s legislature define dissolution, legal separation and nullity proceedings as non-adversarial, because they are no-fault actions. In other words, there ...
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What is Jurisdiction?

Jurisdiction provides a court with the power to issue orders and adjudicate cases. Without it, in democratic societies, justice would not survive. Before any court will hear any case, the court must ...
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Ending Marriage and Domestic Partnership at the Same Time

A legally recognized domestic partnership was a way for same sex couples to enter into a marriage-type relationship when same sex marriages were illegal. These domestic partnerships provided the same ...
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Divorce by Means of Incurable Insanity

For divorce purposes in California, there are only two “grounds” for divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage or incurable insanity. ...
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What are Irreconcilable Differences?

For divorce purposes in California, there are only two “grounds” for divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage or incurable insanity. ...
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A Gavron Warning, Oh No!

Husband and Wife were married for over 25 years and then divorced in 1979. By this time, their two children were adults. Wife had worked during the early part of the marriage, but was a homemaker ...
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The Importance of the Date of Separation

In July of 2015, the California Supreme Court decided a case regarding the date of separation of a divorcing couple. In California, the date of separation from a marriage determines whether property ...
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More Help for Victims of Domestic Violence

Effective January 1 of 2016, the legislature of the State of California provided victims of domestic violence additional help in preventing further abuse. Civil Code Section 1946.7 provides a tenant ...
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Fault in a No Fault State

H and W married in 1986 and had three children, Son 1 (S1), Daughter (D) and Son 2 (S2). W has not worked since 1990, when she gave birth to D. Between 1995 and 2001, H worked in Algeria. He would ...
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No Reunification for You!

According to a detention report filed by the Contra Costa County Children and family Services Bureau (Bureau) 12-year-old Brother (B) and 11-year-old Sister (S) lived with their mother (M) in their ...
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Third Parent Status Denied

Mother and Z were married and had two children together: Minor 1 (born 2009) and Minor 2 (born 2010). The parents separated and filed for divorce in 2014, but the divorce was never finalized. Z moved ...
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