Blog Posts in Divorce

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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 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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  • 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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  • 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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