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. San Diego divorce lawyers explain that when the court “joins” a person or entity to a case it has the effect of that person/entity becoming a
What is A Declaration 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 of Assets
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 In Irmo Carlos, an unpublished opinion of District 2, Division 6 (Filed January 4, 2012), Wife filed a petition for dissolution in 2006 after 42 years of marriage.
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
San Diego Divorce Lawyers – Recent Case Law Involving Comparable Sales Approach to Business Valuation In the recent, unpublished matter of IRMO Price & Turkanis, (Dist. 2, Division 8, Filed May 11, 2011), the Court of Appeal affirmed the trial court’s use of a comparable sales approach to value a community property business. In this
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
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
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
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
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