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Posts Categorized: Divorce

Importance of Effective Counsel in Family Law Cases

Posted on September 10th, 2013

INEFFECTIVE ASSISTANCE OF COUNSEL IN FAMILY LAW PROCEEDINGS In the recent case of In re Marriage of Campi, 212 Cal.App.4th 1565 (2013), husband and wife of a twenty-year marriage decided to separate, and then disputed over the dissolution of their marriage for the following seven years. The husband requested a community property home become his separate property. The parties agreed… READ MORE

Default Judgments Must Match Divorce Petition Relief Sought

Posted on February 25th, 2013

Default Judgments  – Trial Courts Must Carefully Examine Petitioner’s Complaint A default judgment in dissolution of marriage cases is a judgment attained when the respondent does not respond to the case and the petitioner files a request with the court to move forward in the case without the respondent’s involvement.  The word “default” is literally defined as a defendant’s (in… READ MORE

Bias in Custody Evaluations

Posted on November 6th, 2012

When a Child Custody Evaluator Proves to Maintain a Bias, He or She Must be Removed and any Orders Therefrom Must be Vacated In the recent matter of  Irmo Adams & A. (2012) (CA 4/3 – Opinion filed October 16, 2012), a 2008 stipulated divorce judgment provides for shared legal custody of the parties’ son and puts a scheduled parenting plan… READ MORE

When Paternity and Divorce Collide

Posted on September 18th, 2012

Attorneys Specializing in Divorce and Paternity The recent case of Irmo Wilson & Bodine, (2012) (filed July 2012) presents an interesting cross-issue between paternity and divorce matters.  Recall that there are typically two mechanisms in which to file a lawsuit for child custody orders, filing a Petition to Establish a Parental Relationship (called a paternity case) and Petition for Dissolution… READ MORE

Modification and Requests to Extend Spousal Support Orders

Posted on September 18th, 2012

California Family Law Specialists in Spousal Support Issues In the recent case of Irmo Khera & Sameer, (2012) (filed from the 6th Dist. on June 19, 2012), the Court of Appeal decided on several important issues having to do with post-judgment modification requests to extend spousal support beyond an agreed upon time.  Husband’s dissolution petition was filed in 2003. The… READ MORE

When is a Joinder in a Family Law Case Appropriate?

Posted on July 2nd, 2012

In family law cases (as well as “civil” cases generally), either party is allowed to request that the court “join” someone or some entity to the family law case. When the court “joins” a person or entity to a case it has the effect of that person/entity becoming a party to the case. In a recent unpublished opinion from District… READ MORE

Final Declaration of Disclosure in Divorce Needed for Discovery

Posted on June 29th, 2012

La Jolla, Del Mar and Encinitas Family Law Attorneys discuss Declarations of Disclosure All divorce cases filed in California require the exchange of “Declarations of Disclosure”.  The Declarations of Disclosure are financial disclosures that each party to a divorce case must provide to the other side, and they consist of an Income & Expense Declaration as well as a Schedule… READ MORE

Watts Charges: What Constitutes Exclusive Use and Possession?

Posted on March 25th, 2012

Husband’s presence in wife’s residence a couple of days per week simply to wash his clothes did not legally or factually diminish the wife’s exclusive possession and control of the residence. In Irmo Carlos, an unpublished opinion of District 2, Division 6 (Filed January 4, 2012), Wife filed a petition for dissolution in 2006 after 42 years of marriage.  In 2007, the court entered… READ MORE

Tracing Separate Property can be a Difficult Task

Posted on February 13th, 2012

California Upholds Strict Tracing Requirements for Reimbursement Claims In every California dissolution (divorce) proceeding, the court is required to divide the  parties’ community property estate.  The community estate includes the property acquired by either party during the marriage with several exceptions.  Inheritances, for example, are not part of the community estate.  In the division of the community estate, unless a party signs… READ MORE

Covid 19 Update: We are accepting new cases and handle everything electronically and remotely, so our clients never have to leave their homes. Click here to learn more.

Covid 19 Update: We are accepting new cases and handle everything electronically and remotely, so our clients never have to leave their homes. Click here to learn more.