Currently Browsing: California Family Law

You Have a Domestic Violence Restraining Order, Now What?

This post addresses restraining orders secured where the parties are married, divorced, had a child together, dating or used to date, live together or used to live together or are related within the second degree of affinity or...

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No Asset or Debt Better Be Cryptic in Your Divorce, Including Cryptocurrency

Cryptocurrency is second only to Elon Musk talking about living on Mars when it comes to things I find fascinating. Cryptocurrency is also something that every family law attorney practicing in California should understand because, as we see in In re...

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Wage Garnishment is Not a Swift Process, So Take a Seat

Garnishing wages is not as easy as some think. This is a good thing, because we want obstacles before this process is put in place. Once it is in place, it takes time to remove a garnishment order, which is why some obstacles are good. Here are the...

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Path of a Divorce Case

How long will my case take? This process is confusing. Why am I doing all of this work up front? Common questions I hear from family law clients and rightly so. Dissolving a marriage does sometimes take longer than all of us would like. The process...

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Cutting Off a Spouse Financially

I believe every person, even those in relationships and marriages, should work; part-time or full-time. My reasoning is two-fold and founded upon the high cost of living in today’s world. (1) Even if your spouse or significant other is gainfully...

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“But I was Told I Can’t Leave the House”

Potential family law clients in California will invariably recite during the initial consultation that they were told by a friend, neighbor, estate planning attorney…etc. that they cannot move out...

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Continuous Cash Gifts and the Williamson/Butterfly Effect on Spousal and Child Support

Continuous cash gifts from the parents of a spouse to that spouse or from the parents of a co-parent to that co-parent are magical. The cash gifts keep coming month after month with regularity and then, enter a family law action, they suddenly...

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Tracing 3.0

We have a new case on tracing and it’s wonderful. Enter In re Marriage of Ciprari (2019) 32 Cal.App.5th 83.   On appeal, wife challenges the trial court’s characterization of a majority of the cash and securities held in commingled...

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Dead Animals and Trash – An Ode to Imputation of Income

I use the term “ode” loosely here as this is obviously not a poem. But, a highlight of a legal reality. Welcome to imputation of income; the ability of a Court to determine that a party can earn a certain amount of money each month, thus,...

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Party of One – Privacy: A Must Read for Everyone Who Uses a Phone

In Smith v. LoanMe, Inc. (2019) Super.Ct.No.RIC1612501, I am not impressed with the facts of the case; but, I am impressed with the reasoning and the conclusion. Jeremiah Smith filed a class action complaint against LoanMe, Inc. (LoanMe), alleging...

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