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Latest Blog Posts By Category

  • Attorney's Fees

    The latest posts for Attorney's Fees are listed below.
    • How to keep your attorney's fees down in a California Divorce.

      Over the years of practicing law, I have always made the following suggestions for clients to keep their cost down in the divorce case: 1) Sleep on it. Typically, clients call when something they perceive as traumatic has happened. Often, I encourage client to document whatever the event is and then wait until following day to make the determination on whether they still need to call the attorney ...
    • What do I do if the other side is acting unreasonably in a Ca Family Law Case?

      A sanction in the form of an award of attorney's fees may be imposed for a party's frustration of settlement and for employing tactics that increase the cost of litigation. In a recent case, IRMO Wahl vs. Perkins (2012), the parties divorced in 1999. In 2006, Wife filed a motion to modify the custodial orders in the judgment of dissolution. A child custody evaluator recommended that Husband be ...
    • How can I obtain attorney's fees in a Ca Custody or Dissolution case?

      How can I get help from my spouse in paying my attorney’s fees in a Ca custody or dissolution case? The courts routinely order the payment of attorney’s fees in a Ca child custody or dissolution action based on a disparity in the incomes of the parties taking into consideration the following factors. First, under Family Code (FC) section 2030, the court is required to "ensure that each party has ...

    Child Custody

    The latest posts for Child Custody are listed below.
    • Can the court impose a requirement that I submit to an indefinite order for drug or alcohol testing as a prerequisite to custody or visitation?

      No. This very subject was addressed in a recent case (Heidi S. Vs. David H). In that case, the Court made an order that required mother to submit to drug testing indefinitely as a condition of increased and eventual unmonitored visitation, and to order that a positive or missed drug or alcohol test would trigger a return to limited monitored visitation. The Court may only order testing for a ...
    • What kind of testing can I request if I suspect the other parent has a substance abuse issue?

      The Court can make an order that a parent must submit to random alcohol or dug testing by means of a breathalyzer or urine test. The court cannot order a hair follicle test over the objection of either party. With urine tests, either the parent or the court-ordered facility provides the parent with a window of time to appear and submit to a urine test. There is usually a 4 hour window that cannot ...
    • Can the court order drug/alcohol testing of the other parent?

      Yes, if competent evidence that either the parent has a substance abuse issue, the court can order the drug or alcohol testing of the parent. Competent evidence could include a criminal record(DUI) involving substance abuse, witnesses to the substance abuse or other social media depicting the substance abuse. The Court must make a finding that based on a preponderance of the evidence that the ...

    Child Support

    The latest posts for Child Support are listed below.

    Divorce

    The latest posts for Divorce are listed below.
    • What kind of testing can I request if I suspect the other parent has a substance abuse issue?

      The Court can make an order that a parent must submit to random alcohol or dug testing by means of a breathalyzer or urine test. The court cannot order a hair follicle test over the objection of either party. With urine tests, either the parent or the court-ordered facility provides the parent with a window of time to appear and submit to a urine test. There is usually a 4 hour window that cannot ...
    • Can the court order drug/alcohol testing of the other parent?

      Yes, if competent evidence that either the parent has a substance abuse issue, the court can order the drug or alcohol testing of the parent. Competent evidence could include a criminal record(DUI) involving substance abuse, witnesses to the substance abuse or other social media depicting the substance abuse. The Court must make a finding that based on a preponderance of the evidence that the ...
    • Can the court order counseling for either the parents or for our children in a California family law case?

      Yes, the court can order counseling pursuant to family code section 3190 if it finds that such counseling would be beneficial to the children. The focus of the counseling is dispute resolution and teaching the parents co-parenting skills rather than resolving marital or relationship disputes. The cost for such counseling is usually equally divided between the parties and may continue for a finite ...

    Family Law

    The latest posts for Family Law are listed below.
    • Can the court impose a requirement that I submit to an indefinite order for drug or alcohol testing as a prerequisite to custody or visitation?

      No. This very subject was addressed in a recent case (Heidi S. Vs. David H). In that case, the Court made an order that required mother to submit to drug testing indefinitely as a condition of increased and eventual unmonitored visitation, and to order that a positive or missed drug or alcohol test would trigger a return to limited monitored visitation. The Court may only order testing for a ...
    • What kind of testing can I request if I suspect the other parent has a substance abuse issue?

      The Court can make an order that a parent must submit to random alcohol or dug testing by means of a breathalyzer or urine test. The court cannot order a hair follicle test over the objection of either party. With urine tests, either the parent or the court-ordered facility provides the parent with a window of time to appear and submit to a urine test. There is usually a 4 hour window that cannot ...
    • Can the court order drug/alcohol testing of the other parent?

      Yes, if competent evidence that either the parent has a substance abuse issue, the court can order the drug or alcohol testing of the parent. Competent evidence could include a criminal record(DUI) involving substance abuse, witnesses to the substance abuse or other social media depicting the substance abuse. The Court must make a finding that based on a preponderance of the evidence that the ...

    Property Division

    The latest posts for Property Division are listed below.
    • What are the recent developments in military pensions and the parties' various elections to collect these pensions?

      In Howell vs. Howell, the U.S. Supreme Court unanimously held that (a) state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. This Court’s decision in Mansell v. Mansell , 490 U. S. 581, determines the outcome ...
    • How Does The Date of Separation Affect My Property Rights in My California Family Law Case?

      As a general rule, all assets/accumulations and debts/liabilities acquired during the marriage are community property subject to equal division on legal separation or divorce. For example, if you deposit your salary during your marriage, that salary is considered community property and one half of that salary belongs to your spouse. Similarly, if you incur a debt on your credit card for the ...
    • Determining the Date of Separation

      How does the Court currently determine the date of separation in a California family law action? A recent case came down that drastically changed the criteria for determining what the appropriate date of separation is. Previously, had parties objectively acted in such a way that showed others that they were living separate and apart (opening separate bank accounts, filing separate tax returns ...

    Same-Sex Marriage

    The latest posts for Same-Sex Marriage are listed below.
    • Same-Sex Marriage Legalization Allows Same-Sex Divorces

      The United States Supreme Court's ruling that legalized same-sex marriages nationwide certainly stirred up quite a bit of controversy. From politicians vowing to get the decision repealed to county clerks sidestepping their duties to issue marriage licenses to same-sex couples, the opposition to the ruling were intent on making their opinions known, citing that religious freedoms and states' ...

    Spousal Support

    The latest posts for Spousal Support are listed below.
    • 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 ...
    • What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend?

      What if I have an existing spousal support order and my spouse is living with his/her girlfriend/boyfriend? Re-marriage terminates a party’s right to spousal support but what happens if the former spouse does not remarry but rather moves in with someone of the opposite sex? Often one of the most frequently asked questions with regards to the issue of spousal support is the question regarding the ...

    Visitation Orders

    The latest posts for Visitation Orders are listed below.
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