In a new DV ruling, the Court of Appeal reminds us again that a Superior Court is a Superior Court is a Superior Court, regardless of their designated specialization In a brand new case just issued last week, Garcia v. Escobar, __Cal.Rptr.3d __, 2017 WL 5477343 (2017), the Court of Appeal starte...
Documents you sign to import a spouse can have ramifications in divorce court. We have all seen shows like “90 Day Fiancé.” A United States citizen falls for someone from another country, or it could be an arranged marriage, and decides to bring that person to the United States as their spouse. ...
Two guiding principles for domestic violence cases One ought to feel safe in his/her own home. Principle #1 ought to be the attorney's starting point… always! As attorneys when we get a call about a so-called “DV case,” we immediately go into attorney mode; trying to figure out if ...
One mistake that parties, attorneys, and courts alike make is with regards to arrears. In family law, whether it is dissolution or not, how the arrears are written, has huge ramifications. This could affect: Enforceability; Dischargeability in bankruptcy; Its order of preference in collectio...
Whether you want to consider a prenup or not, it is always a good idea to know what the rules are. As a general rule it is true that separate property remains separate property even post marriage. However, in practical terms it is not that simple. What if you add value to that separate property p...
When parties go through divorce and list the assets of the community they of course will think of the house, any other “real property” they may own such as land, and personal property such as cars and other tangible items. One category of property that ought not be forgotten, as it is often worth...
A few thoughts on Spousal Support (aka Alimony) I probably get more questions about spousal support than any other issue. So let's get a few things out of the way first. If you were never married, you don't get spousal support. Doesn't matter if you were together a long time. Doesn't matter...
If you sign a lease to rent a property (house, apartment, etc.) and break the lease, i.e. stop paying on the lease prior to the end of the agreement, you will be held responsible for duration of that lease (as a general rule). There appears to be an exception for victims of domestic violence (DV)...
A recent case I heard about, the boyfriend of the mother, who had primary custody of the 8-year-old child, called the father to inform him that the mother was using methamphetamine and that the father should probably seek custody. That is exactly what the father did. The mother denied she used me...
If you have substantial assets, worth over $67 million, but your monthly income from your employment is reduced, does that constitute a change of circumstance warranting a downward modification of child support? In a new a published opinion, the Court of Appeal reversed the trial court's modifica...