Residency Requirement Law Altered for Non-Resident Same-Sex Couples Effective January 1, 2012 Generally, in order to obtain a divorce in California, one spouse must be a resident of the State of California for six months and of the county where the proceeding is filed for three months preceding the filing of the petition. Either party may file for dissolution (divorce)… READ MORE
Insurance Policy Acquired During Marriage is NOT Community Property?
Community Property Presumptions and Importance of Title In the May 2011 case of Irmo Valli, the Court of Appeals reversed a family trial court’s judgment that an insurance policy that was taken out during marriage and paid for with community property was community property. The Court of Appeals said that the insurance policy was the separate property of the wife,… READ MORE
$400,000 Sanctions Award for Bad Behavior Approved
Want to Bend the Rules in a Divorce Proceeding? If so, Prepare to Pay a Hefty Penalty. In the recent opinion of Irmo Davenport , (filed May 4, 2011), the Court of Appeal affirmed a trial court’s ruling that penalized a family law litigant the sum of $100,000 for her attorney’s bad behavior, plus awarded an additional $304,000 in attorney fees… READ MORE
Voluntary Execution of Quitclaim Deed During Marriage May be Set Aside
Even if spouse freely and voluntarily signs a Quitclaim Deed during marriage, if there is a promise to restore title to joint ownership, the Deed may be set aside In Fossum, (2011) (CA 2/1 – Opinion filed January 28, 2011), a Husband and Wife married in 1994 and purchased a home jointly thereafter. To secure a better interest rate, Wife… READ MORE
Will the Cost of Divorce Increase with FC 217?
New California Family Code 217 – Fictions about the Alleged Increase in the Cost of Divorce With this new year of 2011, many news articles declare that the cost of divorce cases will increase in San Diego County due to new Family Code 217, which requires oral testimony in family law proceedings. Some “experts” claim that this new law will… READ MORE
Deferred Sale of Family Residence is Possible in Divorce
Owning a Home and Getting Divorced: Is Delaying Sale Possible? San Diego Divorce Expert Attorney Answer If you and your spouse have recently decided to separate or get divorced there are many questions you may have. You may be wondering, where am I going to live? How are my finances going to change? Who is going to get custody of the… READ MORE
Modification of Permanent Spousal Support Awards
Permanent spousal support orders may be modified post-judgment Many recipients or obligors of spousal support ask the question, “Can a “permanent” spousal support order be modified?” The answer is generally yes. Permanent spousal support orders are subject to modification if the court that originally issued the order reserved jurisdiction over that issue. In most cases, divorce judgments incorporating marital settlement… READ MORE
Selecting the Best Divorce Lawyer for You
How do family law litigants pick the right divorce attorney for their case? Many clients interview several divorce lawyers before selecting one to represent them in their divorce, paternity or child custody and visitation case. This San Diego divorce blog article provides real and practical information for picking the right attorney for your case. Does this Divorce Lawyer Have Experience?… READ MORE
What is a Date of Separation?
The “Date of Separation” Carries Significant Legal Consequences Married persons and registered domestic partners going through dissolution proceedings are posed with a significant question immediately as they are filling out their Petition or Response document. That question must be carefully considered. The question is, “What is your ‘Date of Separation’?” The date of separation in divorce cases may carry significant… READ MORE
San Diego Family Court Services Mediation Tips & How To Deal With A Bad Recommendation
What Is The Process For A Mediation With San Diego Family Court Services: In any custody matter involving a child, the parents must attend a mediation with family court services. The purpose of the San Diego family court services mediation is to work with a mediator and the other parent to develop a child custody and visitation plan. In the… READ MORE