Family Law Blog

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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New CA Laws Affecting Families

Effective January 1, 2017 (unless otherwise noted), California has some new laws going in to effect that help to ensure the health, safety, and welfare of its citizens. Criminal Laws Publishing the ...
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Domestic Partnership vs. Marriage in California

In California, a registered domestic partnership [RDP] allows each partner all the rights, benefits and obligations as partners in a valid California marriage. However, there are many differences ...
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A Case for Denying Child Visitation

Son (S) was seven years old when his mother (M) died and he began living with his father (F). However, it wasn’t until four years later that an anonymous phone caller informed Social Services ...
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The Law Offices of Makupson & Howard Named Top Attorneys in Pasadena Magazine

The Law Offices of Makupson & Howard will be featured in this month’s edition of Pasadena Magazine as Top Attorneys of 2016. This year’s honorees include Attorneys Kristen Howard, ...
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The Rich are Different from Us

Mother [M] and Father [F] were never married, but in 2001, they had a daughter [D] together. M and F never lived together, and D had always lived with M in Pacific Palisades, California – a very ...
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Free and Low-Cost Legal Help

Many people need legal help, but they are unable to afford it. There are many organizations and agencies that might be of assistance. Some of them are: Legal Aid Agencies and Other Non-Profit Groups ...
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Self-Help with the California Legal System

The legal system can be a very difficult process for the average person to navigate. Lawyers spend years in school learning how to navigate the system! However, California’s legislature has ...
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She Only Uses Meth to do Yard Work

Law enforcement officers in Del Norte County California found mushrooms, meth pipes, marijuana paraphernalia, concentrated cannabis, brass knuckles and butterfly knives during a valid search of ...
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A Veteran's Tale

Persian Gulf Wars. After twenty years, he retired honorably and began receiving his military pension. In 1974, while continuing his career as a sailor, he married J. They remained married until 2003, ...
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