Blog Posts in 2019

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  • In California dissolution cases, what formula should be used in valuing businesses acquired during the marriage? In IRMO Brooks (3/27/19) this issue was raised as it pertains to the appreciation of corporate stock from a business.
    In California dissolution cases, what formula should be used in valuing businesses acquired during the marriage? In IRMO Brooks (3/27/19) this issue was raised as it pertains to the appreciation of corporate stock from a business.

    In this case, the Sixth District affirmed the trial court’s use of the Van Camp formula to apportion the appreciation of stock during marriage. “Utilizing this approach, the court characterized the ...

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  • In California, what happens in restraining orders when the aggressor and the victim reside in the same building or work for the same company?
    In California, what happens in restraining orders when the aggressor and the victim reside in the same building or work for the same company?

    This issue was raised in the recently decided case of Herriott vs. Herriott (3/20/19). In this case, an elderly divorced couple still lived in different apartments units in the same building. They ...

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  • In California, can a Court modify a final child custody judgment rendered after a contested trial without a party showing a substantial change in circumstances?
    In California, can a Court modify a final child custody judgment rendered after a contested trial without a party showing a substantial change in circumstances?

    In a recent case, IRMO C.T. & R.B. (3/19/19), the Fourth District reversed two Riverside County judges who issued a final custody order changing custody of 12-year-old A.B. from C.T. in California to ...

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  • In California, does Spousal Support always terminate on the remarriage of the supported spouse?
    In California, does Spousal Support always terminate on the remarriage of the supported spouse?

    This issue was addressed in the recent case os IRMO Martin (3/11/19). In this case, the Fourth District reversed a San Bernardino County temporary judge’s order that the wife repay to ex-husband the ...

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  • In a California paternity or dissolution action, can you request relief in excess of that plead in your initial petition if your spouse fails to file a response and their default is subsequently taken?
    In a California paternity or dissolution action, can you request relief in excess of that plead in your initial petition if your spouse fails to file a response and their default is subsequently taken?

    This issue was addressed in Sass vs. Cohen (3/8/19). In this the Court held that the judgment exceeded the “type and amount of relief” sought in the operative pleadings. It said: This case presents ...

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  • What methods are available to a California family law litigant to prove that a particular asset is there separate property (rather than community)?
    What methods are available to a California family law litigant to prove that a particular asset is there separate property (rather than community)?

    A party in a California dissolution action can request that the Court deem a particular asset their separate property if they can trace the acquisition of that asset back to a separate property ...

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