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Blog Posts in August, 2016

  • How to Ensure You Are Get What's Yours During a Divorce

    Do I have any right to my spouse’s property acquired prior to our marriage? A Marvin action requires the proving of a written contract or implied, oral contract that property acquired prior to marriage would be equally divided. Generally hard cases to win and depend heavily on the facts of each case. However, if successful, a party may change the character of property from separate property to ...
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  • Getting Spousal Support After a Short Marriage

    Can I get long term spousal support if I have only been married for a short time? Typically spousal support is ordered for 1/2 the length of the marriage, unless your marriage is in excess of 10 years. However, you may be entitled to additional support, called Palimony, if you have cohabited with your partner prior to marriage. This is known as a Marvin claim and must be brought as a separate ...
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  • Providing a Smoke-Free Environment to Your Child

    The other parent smokes cigarettes around our child, what can I do? Exposure of children to secondhand smoke may be a basis for consideration on a child's custodial placement. In fact, California Health & Safety Code 118947, et. seq. prohibits smoking a pipe, cigar or cigarette containing tobacco or any other plant in a motor vehicle where a minor child is present. This rule applies regardless of ...
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  • Changing the Name of Your Child

    In a California paternity case, can the father asked to have the surname (last name) of the child? Whether the Court will change a child's last name or not depends on various factors that I will set forth in a moment. To be clear, fathers do not have a "primary right" to have the child bear his surname. Now the factors considered by the Court include: The length of time a child has used a ...
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  • Sexual Orientation & Child Custody

    How does a parent's sexual orientation or behavior impact a California child custody order? Whether a parent is heterosexual, homosexual, bi-sexual, transgender, or unknown/changing orientation, the Court will not involve itself in imposing its views on the parents regarding the parent's sexual preference. In addition, the Court will not disqualify a parent from obtaining a custody when that ...
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