Currently Browsing: California Family Law

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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Spousal Support and Prophecy

In In re Marriage of Andreen (1978) 76 Cal. App.3d 667, 673 the Court of Appeal gave one of my top favorite lines in a family law case: “It is much more realistic (and at least fair) to appraise the parties’ 1979 situation by measure of ...

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A Fool Has Himself for a Lawyer, Or Does He? — Goodwill and Business Vals

I present In re Marriage of Rosen (2002) 130 Cal.App.4th 808. In this gem of a case, we get a nice understanding of the significance of the goodwill value in business valuations.   Bruce and Pat Rosen were married for 12 years. Bruce was a ...

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Family Law and the Constitution – Not Mutually Exclusive

So often I tell people what area of law I practice, and I am met with rolled eyes, groans or comments such as family law is “just forms.” In my opinion, family law is the most difficult area of law to practice because it encompasses all ...

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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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