Dealing with The Difficult Lawyer

I had the good fortune, and open mind, to stumble across a book published in 1991 and entitled American Bar Association Section of Family Law Ultimate Trial Notebook I. This book is truly an oldie and a goodie. Robert B. Moriarty, Esq., a family law ...

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Retirement Age, Spousal Support & Documents – Common Issues in a “Grey” Divorce

The terms “grey divorce,” “silver splitter” or “diamond divorcees” are terms used to refer to a demographic trend of an increasing divorce rate for older couples in long-lasting marriages. These particular types of ...

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Child Custody – A Powerful Case Showing the Power of the Family Law Judge

Bitter custody battles and malicious, atrocious and unfounded accusations are common in child custody cases. Declarations are written with spite, malice and outright disregard for the sanctity of preserving and protecting a normal childhood all in an ...

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Preventative Law – Legal Custody

As I was preparing a child custody case for litigation this week, I thought it would be useful to write about legal custody in a preventative law type of context. Legal custody is essentially the right and responsibility of making decisions ...

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An Amicable Divorce – Is it Possible?

The short answer is yes! Absolutely! Expectations need to be managed as even in the best of situations there still can be hostility and, consequently, hiccups. But, these hiccups can be worked through. There are numbers of ways that an amicable ...

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Spousal Support – The Devil is in The Details

This month’s blog highlights two old, but good cases. The first, In re Marriage of Romero (2002) 99 Cal.App.4th 1436, deals with a question I get asked every so often “Will my new spouse’s income be factored into my spousal support payment to my ...

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Deeds – Another Case on Deeds, Another Case on Sharing (Appreciation Included)

In re Marriage of G.C. and R.W. (2018) 23 Cal.App.5th 1, certified for partial publication, really challenges your cerebral cortex and highlights the complexity of modern-day divorce cases. Its also begs for a timeline, and a map: 2002 – ...

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“From Conflict to Agreement” – A Parenting Video

Not surprisingly, my favorite court has released an outstanding video giving parents in family law matters tools they can use to reduce their conflict and optimize child-focused resolution to their child custody disputes. Here are some reasons why I ...

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Schnabel Says “You have to disclose.”

In a divorce, a spouse cannot hide behind a corporation and fail to produce relevant records. It does not work. We see why in Schnabel v. Superior Court (1993) 5 Cal.4th 704. In Schnabel, husband was employed by a close corporation and was record ...

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A Case for Three Parents

A few years ago, I was appearing before a local family law judge. After this judge called his calendar, he then shared with the attorneys, their clients and everyone else in the court room some recent updates in the law. He also shared that he spent ...

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In Deed – Convey Title Carefully

People do interesting things with real property and deeds before and during marriage. They add people onto title, take people off title or change the form of title for real and imaginary reasons with or without the assistance of attorneys. Sometimes, ...

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California Revocable Living Trusts and Divorce

Family law includes nearly every area of law; however, the purpose of this blog post is to explore some estate planning considerations in the context of a divorce. This post is limited to estate plans drafted in California and divorces taking place in ...

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Child Custody – Information Needed

If you have met with a family law attorney, have minor children and will likely need Court orders to determine custody and a parenting schedule, then please be prepared to provide the following information. This information will be used to help the ...

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Spousal Support – Information Needed

If you have met with a family law attorney and determined that you will likely receive a spousal support award in your case, then please be prepared to provide the following information. This information will be used to help determine the right amount ...

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Preparing for Your Divorce

The best way to approach your divorce is to prepare for it. Be smart. I schedule pre-divorce appointments with some of my clients, which seem to be immensely helpful for them. These pre-divorce appointments give clients a chance to gather as much ...

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Three Step Divorce Process

A divorce is really a three step process: (1) initiate, (2) value and (3) settle/set matters for trial. In theory, it should not take longer than a few weeks to resolve all issues in a divorce case. Why divorces take longer may be because of mental ...

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Maintaining Civility and Sanity in Divorce

I want to preface this post with the fact that attorneys are not mental health counselors. We do not have classes in law school, or questions on the Bar exam, pertaining to mental health counseling. However, there are some trends in family law cases ...

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Out of the Gate - Child Custody Cases

I must say that child custody and visitation cases are my favorite because I get the opportunity to make a significant difference by carefully working with my clients to determine what is best for their children. Divorce is hard on parents and even ...

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You Can Run But You Can’t Hide - Fiduciary Duty Yields Lottery Proceeds

I remember my first day of Community Property class in law school like it was yesterday. My instructor rattled off a few impressive cases that were "guaranteed" to make the class more than just an entire semester dedicated to which spouse gets the ...

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The Direct Examination Dance

With all of the television shows these days dedicated to litigation, I am sure that most adults are aware that parties to a lawsuit cannot merely take the witness stand in court and spill their story. Rather, when a party, or a witness, takes the ...

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