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Blog Posts in September, 2010

How Do I Use a MARITAL BALANCE SHEET to Figure Out How to Best DIVIDE OUR PROPERTY?

Q. I am considering filing for divorce, and am beginning to pencil out what the division of our assets and debts might look like. What is a good way to go about this? A. Prepare a Marital Balance ...
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I Have Been Paying the MORTGAGE Since SEPARATION - Am I Entitled to WATTS CREDITS?

Q. I have been occupying our family home alone since my wife left over a year ago. I pay all the interest only mortgage, property taxes, and insurance with no help from her. Does she owe me half of ...
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My Ex Has Been EXCLUSIVELY USING Our RESIDENCE - Is There an EPSTEIN CREDIT For This?

Q. I have been occupying the home after my wife left over a year ago. I pay all the interest-only mortgage, property taxes, and insurance with no help from her. Does she owe me half of any of this? A. ...
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How Does DOMESTIC VIOLENCE Affect My SPOUSAL SUPPORT OBLIGATIONS?

Q. I obtained Domestic Violence retraining orders against my ex, but I earn more money than she does. Can I use those orders as a defense against her request for temporary spousal support from me? A. ...
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How Can I Be Sure a Court Will Enforce My AGREEMENT Reached With My Spouse OUT OF COURT?

Q. My wife and I reached some agreements about support and property division in our divorce. Neither of us have attorneys. I want to write something up that is enforceable. Is there anything I should ...
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Am I Entitled to Obtain DISCOVERY If I File a SET ASIDE MOTION Before the Matter is Decided?

Q. Hello Mr. Arnold, I appreciate your website, it is very useful. I really hope you can let me know if I am allowed to serve Form Interrogatories on my ex after I file a FL-360 Application to set ...
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My Wife is Living With a Male Renter - Does This Affect My SUPPORT OBLIGATION?

Q. If my wife is living with a male renter, and I suspect they are boyfriend-girlfriend, does this affect the amount of spousal and child support that I have to pay? A. The supported party's ...
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How Are Funds in a JOINT BANK ACCOUNT Treated in Dissolution or Legal Separation?

Q. My Wife removed all the money from our joint savings account immediately before filing for divorce. Some of that money included an inheritance from my grandmother. What are my rights to recover any ...
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ENFORCING SUPPORT: What is a REAL PROPERTY LIEN?

Q. How is a family law real property lien used to enforce a support judgment? A. An effective method for enforcing child and spousal support orders, and collecting what is owed you (plus legal ...
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How do CALIFORNIA COURTS divide EDUCATION LOANS?

Q. My husband completed his training as a doctor after we married. He incurred substantial educational loans which we paid off during the marriage. What rights to I have for recovering those costs? ...
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When Is It Possible to Keep the FAMILY RESIDENCE From Being Sold?

Q. My wife cares for our children, but now she insists on keeping the residence that I moved out of 3 months ago. Is it true that it will be ordered sold or that she has to buy me out in our divorce? ...
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How are DEFINED CONTRIBUTION PLANS divided in California DIVORCE?

Q. How are defined contribution plans divided in California dissolutions? A. A defined contribution pension plan is a plan in which the employer's obligation is based only on its annual ...
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How Are DEFINED BENEFIT PLANS divided in California Divorce?

Q. How are defined benefit plans divided under California law? A. In a defined benefit pension plan, the benefit does not depend on the dollars contributed by employee or employer, but is based on a ...
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How Do I DISQUALIFY a Judge From Hearing My Case?

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 ...
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What do I do if my spouse or domestic partner does not complete their DECLARATION OF DISCLOSURE?

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 ...
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DISCOVERY - How are DEPOSITIONS used in California FAMILY LAW and DIVORCE cases? (Part I)

Q. What is a deposition in a California family law or divorce case and what is it used for? Depositions are hands down the most direct and cost-effective way to move your case forward and expose the ...
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