Divorce

Many people are unsure if, or when, they should seek the advice of an...

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PATERNITY

In San Diego, California there are many cases in which parents are not married...

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CUSTODY & VISITATION

For most parents, the most important issue in a divorce or legal separation...

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for_sale_signA recent case before the Second Appellate District tasked that court with addressing an unusual case of reimbursement following the post-divorce sale of a couple’s marital home. The appeals court reversed a trial court’s order of reimbursement in favor of the wife because that trial court made several procedural errors, including improperly refusing to consider the husband’s argument that the wife unreasonably delayed in selling the home.

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senior-woman-300x200In 2015, the New York Times reported that, while divorce rates were falling in many groups, they were rising among seniors. According to a Bowling Green State University study reported by usnews.com, the divorce rate among seniors doubled between 1990 and 2010. Divorcing seniors face their own unique set of issues. One of these is the interaction of spousal support and retirement. A recent ruling from the Fourth Appellate District Court offers an important reminder that, just because you are seeking spousal support, that doesn’t diminish your right to retire.

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handshakeRomantic relationships can take many varieties and forms. While many partners desire to ensure the comfort and well-being of their partners, what happens when one partner allegedly enters into an oral contract to support the other for life? That was the issue presented to the First Appellate District recently, which upheld a lower court ruling that found the absence of a valid contract because the case lacked proof of a “meeting of the minds.”

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Computer keyboardAs a parent, one of the chief objectives most people seek to accomplish is to protect their children, particularly their minor children. This is especially true when the threat posed involves an element of sexual overtones. That was the scenario allegedly faced by one Los Angeles County dad, with regard to whom the Second Appellate District indicated that the law allowed the father to take action, not only in family court but also in civil court in the form of a restraining order.

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gavelSometimes, divorce cases are extremely contentious. Sometimes, a party will make extremely incendiary and potentially damaging allegations, even though the courts would later declare that “not one iota of proof” supported those claims. Even when facing unfounded claims, it is important to take them seriously, retain counsel, and contest them aggressively. If the courts conclude, as they did in the recent case of one California father, that your ex-spouse purposely prolonged the case and delayed resolution, you may be entitled to an order demanding that your ex-spouse pay some of your attorney’s fees.

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porscheIn a case in which the couple has considerable assets, one of the bigger challenges can be dividing the community estate. In one divorce that involved a high-value community estate and allegations of hidden assets, the Sixth District Court of Appeal reversed a trial court’s order that divided the estate. The trial court’s division improperly gave the wife duplicative benefits regarding certain assets when the statute did not allow the wife to receive such benefits.

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counselingIn cases involving issues of child custody and visitation, parents may seek to introduce a wide array of relevant evidence to persuade the court of the correctness of their arguments. One thing a parent cannot do, however, is disclose information from her ex-spouse’s therapy that is protected by the psychotherapist-patient privilege when the patient did not waive the privilege. In one Northern California case, a mother sought to do exactly that but lost because, regardless of relevance or the children’s best interests, the information was covered by the privilege and had not been waived.

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suburban houseWhen you and your child’s other parent go to court on the issue of child support, the case will focus on several things, with one of the key items being your income and the other parent’s income. If you have a wealthy benefactor who is paying your expenses, your ex may try to use this against you in the child support dispute. In the case of one mother who received extensive financial support from a platonic friend, the Second District Court of Appeal ruled that the benefits the mother received were permissibly construed as non-income and not factored into calculating child support. The case is a very helpful one for recipient parents who receive financial help from people other than relatives or romantic partners.

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boxes movingA famous book and an accompanying menagerie of merchandise counsels us, “Don’t Sweat the Small Stuff.” In law, however, this isn’t always good advice. Sometimes, it’s the small stuff that makes all the difference between a successful outcome and an unsuccessful one. In a recent Southern California case, the Fifth District Court of Appeal upheld a lower court’s ruling denying a mother’s request to move herself and her daughters from Bakersfield to the Los Angeles suburbs. The mom lost because none of the custody orders in her case had “the words ‘final,’ ‘permanent,’ or ‘judgment,’ or words to that effect.”

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business valuationIf you are a follower of basic cable house “flipping” shows or of celebrity gossip, chances are you’re familiar with the stars of HGTV’s “Flip or Flop” show. The weekly show follows a married pair of highly successful house flippers from Orange County, who appeared on screen as a happy husband and wife with two children. In late 2016, though, the couple announced that they were separated, and in early 2017, the husband filed for divorce, according to an Orange County Register report.

Before the husband filed, though, some online sources claimed that executives at HGTV were demanding that the couple go back to holding out the appearance of a happy family, at least for the remainder of their TV contract, or else face a lawsuit for breach. While your impending divorce may not lead to litigation launched by a TV network, it still may involve many complex hurdles you must address if you and your spouse share a business together.

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