Recent Posts in Divorce Category

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A Putative Spouse is not a Bad Person

Like most states, California does not recognize what is known as a common law marriage. In a common law marriage, the parties are not legally married, but hold themselves up to everyone in the world ...
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FLARPLs Still Exist

Now that housing market has improved, many people in California have equity in their houses. Many of those people are married and hold the deed to their property in joint tenancy. This means, that ...
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A Bonus is a Bonus

Husband (H) and Wife (W) were married in 1987. W was a certified surgical technician until their first child was born in 1983, when she became a stay-at-home mom. H was a hospital executive, and ...
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Ending a Registered Domestic Partnership without Going to Court

In California, a registered domestic partnership is treated legally the same as a valid marriage – with all the rights and responsibilities of spouses to each other and everyone else. Ending a ...
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Military Divorce vs. California Divorce Laws

California legislators have tried very hard for almost 50 years to make divorce a fair and relatively quick legal process for California’s residents. However, when one spouse (or both spouses) ...
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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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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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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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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 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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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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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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Breaking Up Brangelina Part III

On September 19, 2016, Academy Award winning actress Angelina Jolie petitioned for divorce from actor Brand Pitt. California law states that Pitt had until October 19, 2016 to respond to Jolie’s ...
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Breaking Up Brangelina Part II

As of September 30, 2016, there is no record that Brad Pitt has filed his response to Angelina Jolie’s Petition for Dissolution of Marriage. However, according to The Los Angeles Times, TMZ and ...
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Breaking Up Brangelina California Style

Brad Pitt and Angelina Jolie are American actors and superstar-celebrities in their own right. Both are known world-wide for their acting as well as their international humanitarian causes. In 2002, ...
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Courtroom Demeanor: How to Behave in Court

Now that you’ve got your court appearance date and you’ve learned what to wear (and what NOT to wear) for the appearance, next up is how to behave when you are actually in the courtroom. ...
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