Blog Posts in Divorce

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  • If my spouse loses money in the stock market, can I recoup the money that was lost in a California divorce case?
    If my spouse loses money in the stock market, can I recoup the money that was lost in a California divorce case?

    Yes. A recent case , IRMO Kamgar (12-8-17), found that if one of the spouses in a marriage wants to trade stocks that they need to have previously disclosed it to their spouse as well. In this case, ...

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  • The other parent filed a Request for Orders (RFO) asking for child custody and visitation orders. Can I make a request from the court if it is not a specific relief requested by the filing party?
    The other parent filed a Request for Orders (RFO) asking for child custody and visitation orders. Can I make a request from the court if it is not a specific relief requested by the filing party?

    No. By way of example, if Dad files an RFO requesting an alternate weekend visitation only, Mom cannot file a response to the RFO and request that the children get braces or request that Dad pay child ...

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  • I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?
    I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?

    The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the ...

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  • The other parent already left the state before I could serve them with the Summons and Petition. Do the ATROs apply and can I serve the other parent with the Summons and Petition to make them return the child?
    The other parent already left the state before I could serve them with the Summons and Petition. Do the ATROs apply and can I serve the other parent with the Summons and Petition to make them return the child?

    The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the ...

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  • I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?
    I suspect the other parent may leave the state with our child. How can I bring this matter to the court's immediate attention?

    The Court may enter an Ex Parte order either granting or modifying custody unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the ...

    Read More
  • The other parent already left the state before I could serve them with the Summons and Petition. Do the ATROs apply and can I serve the other parent with the Summons and Petition to make them return the child?
    The other parent already left the state before I could serve them with the Summons and Petition. Do the ATROs apply and can I serve the other parent with the Summons and Petition to make them return the child?

    ATROs do not apply if the child is already out of the state of California when the Petition is filed, nor does mandatory restraining orders in the Summons require that the child be returned to ...

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