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Divorce Attorney in Covina, CA

Blog Posts in April, 2019

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  • Does an attorney’s request to set aside a default or order under CCP 473(b) guarantee thst the default or order will be set aside in a California Family Law action?
    Does an attorney’s request to set aside a default or order under CCP 473(b) guarantee thst the default or order will be set aside in a California Family Law action?

    This issue was raised in Darab N. Vs. Olivera (2/5/19). In this case, involving a petition to establish a parental relationship, the Respondent failed to timely file a Response to the petition. As a ...

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  • Can a parties’ attorney be liable for attorney’s fees in a California dissolution of marriage/paternity action?
    Can a parties’ attorney be liable for attorney’s fees in a California dissolution of marriage/paternity action?

    This was the very finding in the case of Marriage of Anka & Yeager (2/5/19). The Court in this case held that an attorney, in certain circumstances, can be liable for the imposition of attorney’s fees ...

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  • Can a party seek affirmative relief from the issues raised in the Request for Orders in California Family Law cases?
    Can a party seek affirmative relief from the issues raised in the Request for Orders in California Family Law cases?

    It is standard practice that, at a Request for Orders hearing that only issues raised in the moving parties’ Request for Orders may be responded to in the response an that no separate issues may be ...

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  • Does a trust transfer deed change the character of property between spouses in a California dissolution of marriage?
    Does a trust transfer deed change the character of property between spouses in a California dissolution of marriage?

    It is settled California law that there are presumptions effecting the characterization of property. Property acquired during the marriage is presumptively community property whereas property acquired ...

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  • In a California dissolution action, does a debt need to be directly payable between spouses to be non-dischargable in bankruptcy?
    In a California dissolution action, does a debt need to be directly payable between spouses to be non-dischargable in bankruptcy?

    It is a standard rule that support orders as well as debts between spouses that are ste forth in a judgment for dissolution of marriage are non-dischargable in bankruptcy court. The principle behind ...

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