The February 2016 Shimkus case out of Orange County holds that family court judges don’t have to consider declarations. Then how do I prepare for my hearing? What is the judge going to consider? How do I get “evidence” into Court? These are very real concerns for every litigant that is stepping foot into Court
Guide to help speed up the resolution of divorce cases Divorce cases can be extremely quick or excruciatingly long. Whether a divorce case is resolved within a matter of months or within a matter of years depends on a variety of factors, some of which are in the parties’ control and some not. A dissolution of marriage case
What kinds of orders can the family court make after making a finding of domestic abuse? Can the court award damages like pain and suffering? Domestic violence restraining orders are made through the Family Court in Orange County, to protect people within the same “family” unit from another person within the same family core, or
RECENT SUCCESSFUL OUTCOMES FOR W&F ATTORNEYS Located in Mission Valley – Easy Parking – Private Consultation From time to time we like to share information about the successes that our attorneys have had in recent cases that they have been working on. This synopsis is by no means an exhaustive list of every case we
Divorce Lawyers in Irvine, California – Expert Advice Free Consultations – Free Parking – Friendly Office Divorce litigation can be an extremely scary proposition for anyone. The fears of walking into court can be expounded when a divorcing spouse is unfamiliar with the process and unfamiliar with how information gained from technological sources can be
Determining Child & Spousal Support by Attributing Income Based upon Family Expenses In the recent unpublished case of In re Marriage of Farida, decided June 25, 2013, the California Court of Appeal held that it was not an abuse of the trial court’s broad discretion to calculate child and spousal support by attributing income to
UNINTENTIONAL WAIVER OF THE ABILITY TO MODIFY A SPOUSAL SUPPORT ORDER In the recent case of In re Marriage of Hibbard, 212 Cal.App.4th 1007 (2013), the court refused to modify a spousal support order to an amount less than $2,000 per month, despite husband’s proven disability. The parties divorced in 2002, after thirty years of
Ex-husband was paying spousal support to ex-wife and filed a motion to terminate his spousal support order because his ex-wife and her new mate had a “commitment ceremony.” Normally, upon the remarriage of the supported spouse, the other party’s duty to continue to pay support is automatically terminated. The Court of Appeals held that in
The case of Marriage of Richmond, (1980) 105 Cal.App.3d 352 generally holds that the Court has jurisdiction to set step down of spousal support payable to the supported spouse on a date certain. Within that order, the Court will indicate that the supported spouse has the burden to prove thereafter, that such order should not
In 2011, the California Court of Appeals in In Re Marriage of Gruen, (2011) 191 CA4th 627, held that the Trial Court lacked jurisdiction to retroactively modify a temporary spousal support order retroactively upon receipt of additional information. From a practical standpoint, the court needs to enter temporary support orders to maintain the status quo.