Recent Posts in Procedures and Mechanics of Dissolutions Category
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Posted on Mar 27, 2013 By Thurman Arnold, C.F.L.S.
This is reprinted from an interview for the March, 2013 Desert Bar Associations monthly Family Law Section newsletter. The link to the issue itself is at the bottom of the page. FLS COMMUNITY ...
Continue reading "Indio Family Court Comm. Gregory Olson | Riverside County Family Law Judges" »
Posted on Mar 20, 2013 By Thurman Arnold, III, C.F.L.S.
Important Changes to the Rules For Making Evidentiary Objections to the Contents of Declarations That Support and Oppose Requests for Orders: Meet California Rules of Court, Rule 5.111 Palm Springs ...
Continue reading "New Cal. Rules of Court, Rule 5.111 - Increasing Litigation Costs Impairs Justice" »
Posted on Sep 30, 2012 By Thurman Arnold
Family Court Jurisdiction to Divide Jointly Titled Properties Acquired Before Marriage or Domestic Partnership Registration: Family Code Section 2650 My office seems to be the final resting place for ...
Continue reading "Dividing JOINTLY TITLED PROPERTY Acquired Before Marriage (or RDP) - Family Law Act or Partition?" »
Posted on Jul 14, 2012 By Family Law Section, Desert Bar Association
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 ...
Continue reading "A Family Court Judge's Perspective On EFFECTIVE ADVOCACY" »
Posted on Jul 14, 2012 By Thurman W. Arnold CFLS
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 - ...
Continue reading "TIPS for Drafting Family Court DECLARATIONS" »
Posted on Jan 9, 2012 By Thurman Arnold
Q. If I contest date of separation, what evidence do courts look at? A. The question for trial courts is: Does one or both spouses objectively and subjectively act and appear as though they intend a ...
Continue reading "If DATE OF SEPARATION Is Contested, What Do Courts Look At?" »
Posted on Nov 10, 2011 By Thurman Arnold, CFLS
Palm Springs Divorce and Family Law Attorney Mark D. Gershenson was kind enough to provide me the Family and Juvenile Law Advisory Committee Report to the Administrative Office of the Courts, Judicial ...
Continue reading "Proposed 2012 REVISIONS to JUDICIAL COUNCIL FORMS; ATTORNEY FEE REQUESTS" »
Posted on Jun 2, 2011 By Thurman W. Arnold, CFLS
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 ...
Continue reading "Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!" »
Posted on Apr 7, 2011 By Thurman Arnold, CFLS
Q. I want to file reply paperwork in opposition to the Responsive Declaration I received from my ex on a pending motion for child custody. How and when must this be accomplished? A. Failure to comply ...
Continue reading "What Is the TIME LIMIT For Filing a RESPONSIVE or REPLY DECLARATION in Family Law Proceedings?" »
Posted on Mar 22, 2011 By Thurman Arnold
Q. My Wife's attorney filed a dissolution at the main Riverside County courthouse in Riverside, but we both live in the Coachella Valley. They should have filed it in Indio. It is a long drive for ...
Continue reading "What to Do If My CASE Is Being TRANSFERRED BETWEEN COURTS in Riverside County?" »
Posted on Mar 7, 2011 By Thurman Arnold, CFLS
Given the 2011 changes to the California Family Code brought about by the recommendations of the Elkins Task Force, you need to know about something called a "statement of decision". This is ...
Continue reading "Making DIVORCE JUDGES ACCOUNTABLE - What Is A STATEMENT OF DECISION?" »
Posted on Mar 6, 2011 By Thurman Arnold
Q. My husband has filed for divorce and set a hearing for custody of our children. I was just served with the papers. My girlfriends tell me that the judge assigned to my case may be prejudiced ...
Continue reading "How Do I DISQUALIFY The JUDGE Assigned to My Case?" »
Posted on Mar 5, 2011 By Thurman Arnold
The Preliminary Declaration of Disclosure I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, ...
Continue reading "SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE" »
Posted on Dec 13, 2010 By Thurman Arnold, CFLS
Effective January 1, 2011, you may serve post-judgment motions to modify custody, visitation, or child support orders by regular mail and file with the Court a declaration of mailing. This is revised ...
Continue reading "2011 REVISIONS to the California Family Code: Serving POST-JUDGMENT OSC's and MOTIONS" »
Posted on Dec 3, 2010 By Thurman Arnold, CFLS
The most important new rule in decades affecting the experience of California Family Law litigants is set to be unleashed on January 1, 2011. It promises a radical change in the way that all family ...
Continue reading "ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!" »
Posted on Dec 1, 2010 By Thurman Arnold
Q. We have a hearing coming up before the Christmas holidays over custody and visitation issues. I believe my children should testify in court about their father's living conditions, as well as ...
Continue reading "Can My CHILDREN TESTIFY About Their PARENT PREFERENCE in Our Custody Case?" »
Posted on Oct 28, 2010 By Thurman Arnold
Q. What should I consider to ensure that I have a claim in my husband's teacher's retirement plan once he files for divorce? A. CalPERS (PERS) is the California Public Employee's ...
Continue reading "What Do I Do to Protect My Community Interest In PERS and STRS RETIREMENT PLANS?" »
Posted on Oct 22, 2010 By Thurman Arnold
Q. I am afraid my husband may liquidate our 401k and IRA's that are in his name. Is there anything I can to do freeze the accounts or make sure he can't empty them out before I can hire a ...
Continue reading "How Can I STOP My Spouse From LIQUIDATING OUR COMMUNITY PENSION?" »
Posted on Oct 18, 2010 By Thurman Arnold
Q. My divorce seems like it has stalled. My wife operates our family business, we own several properties including a commercial building and she collects the rents, she isn't cooperating with me ...
Continue reading "How Do I Get An Order for ATTORNEY FEES in a COMPLEX CASE?" »
Posted on Oct 2, 2010 By Thurman Arnold
Q. My husband has not updated his I & E for six months. I know he is not reporting his income fairly. How do I buy time so the Judge doesn't decide my support rights based upon outdated ...
Continue reading "TIPS on How to CONTINUE a SUPPORT HEARING and Buy Time" »
Posted on Sep 13, 2010 By Thurman Arnold
Q. What do I need to do in order to disqualify a Judge from hearing my family law case? A. There are two types of disqualifications available to you: Peremptory Disqualifications and Disqualifications ...
Continue reading "How Do I DISQUALIFY a Judge From Hearing My Case? " »
Posted on Sep 8, 2010 By Thurman Arnold
Q. What do I do if the other party to a divorce or dissolution of domestic partnership proceeding refuses to file their Preliminary Declaration of Disclosure? A. Declarations of Disclosure must be ...
Continue reading "What do I do if my spouse or domestic partner does not complete their DECLARATION OF DISCLOSURE?" »
Posted on May 12, 2010 By Thurman Arnold
Q. I was in Court three days ago and the Judge ordered me to pay an amount in support that there is no way I can afford. The Judge averaged my earnings over the past 12 months, and then entered that ...
Continue reading "Is there any way to request that the Judge RECONSIDER her rulings in my case?" »
Posted on May 11, 2010 By Thurman Arnold
Q. My wife and I are getting our divorce with the assistance of a paralegal. That person has prepared a Marital Settlement Agreement. The paralegal says she cannot give us legal advice. There is a ...
Continue reading "What are EPSTEIN REIMBURSEMENTS?" »
Posted on Apr 7, 2010 By Thurman Arnold
Q. How do I fire my family law attorney? A. You are free discharge your attorney, and terminate his or her services, for any reason and at any time. Attorneys cannot require that you first pay off ...
Continue reading "How do I FIRE my ATTORNEY?" »
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