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Recent Posts in Best Practices Category

Pre-Marriage TIPS for MEN - Surviving DIVORCE Without A Prenup!

Q. What steps can I take to protect my assets from divorce? My fiance refuses to sign a premarital agreement. Can I be protected without a prenup? A. Let's face it - while many men consult a ...
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Family Law ADVOCACY TIPS For Lawyers and Self-Represented Parties: The 80-20 Principle!

The 80-20 Principle and Tips For Drafting Pleadings and Making Better Presentations In Family Court I had the honor to participate recently in a workshop for the Family Law Section of the Desert Bar ...
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Can I REMOVE and Replace an EC Section 730 Custody Evaluator for BIAS?

Q. I have been ordered into a "730 Evaluation" with a Marriage and Family Therapist. My former wife and I are battling over custody. For a number of reasons (including the evaluator's ...
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Radical Revisions to the Family Law Rules of Court Become Effective Next Month!

2013 Revisions to the California Family Law Rules of Court As many family lawyers probably know, we are about to see a major rewrite of the California Rules of Court affecting proceedings in ...
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Important Family Code Section 2104 Amendment for 2013!

PDD'S Must Now Be Exchanged Within 60 Day's of Each Party's Appearance in a Dissolution, Legal Separation, or Nullity Action Effective January 1, 2013, Family Code section 2104 has been ...
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The Ten Biggest Mistakes People Make That Impair Their Rights Upon Divorce

The Most Common Mistakes That Radically Affect Marital Rights and Obligations Upon Separation or Divorce It is amazing how we tend to enter into the most important business relationship of our lives ...
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A Family Court Judge's Perspective On EFFECTIVE ADVOCACY

Here is an article that Indio Superior Court Judge Dale R. Wells wrote for publication in the Desert Bar Association's, Family Law Section, monthly newsletter (June, 2012, Vol. 6:12). His article ...
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TIPS for Drafting Family Court DECLARATIONS

Rules for Declarations Filed In Family Court Whether you are a self-represented party or an attorney, I want to remind you that rules govern the declarations that you file in family law proceedings - ...
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Divorce and Family Law HORROR STORIES - How the System Is Broken! SHARE Yours With Us?

Share Your Family Law Horror Story ? I want to thank all of you who write me about the difficult circumstances and horror stories surrounding your divorce and other family law matters, both in and out ...
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How Do I PROTECT Monies Loaned By MY FAMILY For LOANS I Use For ATTORNEY FEES?

Loans From Family and Friends to Pay Attorney Fees For Your Divorce Unfortunately for those who love or care about you, often the only source of funds to hire or keep a family law attorney involved in ...
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What Happens If I Place My Wife's Name On Title to My Home and We Later Divorce?

Q. If I put my wife on TITLE to my RESIDENCE does she get half if we DIVORCE? A. If you place your wife on title for any reason you run the risk that in the event of later divorce she will have some ...
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GAVRON WARNINGS and SPOUSAL Support - What Self-Represented Parties Should Know!

The Morrison Rule, Richmond Orders, and Gavron Warnings: What Self-Represented Parties Ought Know About Continuing Spousal Support Jurisdiction Current trends among separating couples and in ...
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Attorney Michael C. Peterson JOINS the Law Firm of Thurman W. Arnold!

ATTORNEY MICHAEL C. PETERSON JOINS THE FIRM ! Greetings All and Best Wishes for the Coming New Year! I am so very pleased to announce that Michael C. Peterson joins the Law Firm of Thurman Arnold ...
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Wife Bears Own ATTORNEY FEES In Failed SET ASIDE MOTION Involving MSA

Marriage of Guilardi (11/7/11) 200 Cal.App.4th 770 The Sixth District Appellate Court (including Santa Clara County) has upheld a trial court denial of recovery for the attorney fees incurred by and ...
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Divorce and Family Lawyers Who LIE - EQUANIMITY and DIVORCE PRACTICE

Lawyers Who Lie Some lawyers, like some people, lie to the Court - particularly in the more contentious of family law cases where emotions run highest. Our culture (and our lower natures) places so ...
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Can I CONTINUE My DIVORCE TRIAL?

Q. My divorce trial is scheduled for next month. I want to change attorneys - will the case be continued to give a new attorney enough time to prepare my case correctly? A. Trial continuances are ...
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The MINUTE ORDER In My Case Differs From What The JUDGE SAID But My Ex Says We Must Follow It - What Can I Do?

Q. I was in Court three weeks ago and I swear the Judge said something entirely different from what the clerk's minute order says now. My ex says we have to follow the minute order, but it is ...
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Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!

Working with Family Court Judges I recently attended this year's annual AFCC (Association of Family and Conciliation Courts) Conference in Orlando. Two Canadian jurists put on a workshop entitled ...
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Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!

A Shifting Judicial Response to Overzealous Advocacy: Excessively Exuberant and Inflammatory Litigation Tactics Will Not Be Tolerated in California Marriage of Davenport (2011) 194 Cal.App.4th 1507 In ...
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Overcoming PARENTING CONFLICTS With OURFAMILYWIZARD.COM

Overcoming PARENTING CONFLICTS with OurFamilyWizard Visitation and parenting exchange disputes often occur simply because of confusion or poor communication skills between parents, but they can be ...
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I have an attorney but what if I want a SECOND OPINION?

Q. I am represented by an attorney. However, I don't have a lot of faith in him anymore and now trial is scheduled in four months. Am I being paranoid in wanting a second opinion about my divorce ...
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