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Blog Posts in 2011

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Attorney Michael C. Peterson Speaks About FINANCIAL TRANSPARENCY (Before and Once Divorce Happens)

Advice for Couples in 2012, Including How to Balance Power in Your Marriage ! One of the most common problems I see arising in (and sometimes leading to) any divorce action is a lack of financial ...
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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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2nd Appellate District Severely Limits GRANDPARENT VISITATION Under Family Code Section 3102

Rich v. Thatcher (2011) 200 Cal.App.4th 1176 In what reads to me to be a myopic opinion, Justice Yegan of Division Six of the Second Appellate District has declared that biological grandparents have a ...
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Wife Bears Own ATTORNEY FEES In Failed SET ASIDE MOTION Involving MSA

Attorney Fees in Set Aside Motions 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 ...
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Proposed 2012 REVISIONS to JUDICIAL COUNCIL FORMS; ATTORNEY FEE REQUESTS

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 ...
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GRANDPARENT RIGHTS: Recent RIVERSIDE Case Orders VISITATION To GP After DEATH OF PARENT

Hoag v. Diedjomahor (October 17, 2011), 200 Cal.App.4th 1008 The Facts The Fourth Appellate Division released a published opinion on October 17, 2011 in the case of Hoag v. Diedjomahor, a case which ...
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DEVIATING From "Guideline" (Presumptively Correct) CHILD SUPPORT in HIGH EARNER Cases

Special Circumstances in Child Support Cases Involving an Extraordinarily High Earners Actor Jon Cryer, one of the stars of the series "Two and a Half Men", was recently rebuffed by the ...
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SECOND OPINIONS With THURMAN W. ARNOLD - Honest Feedback on Family Law Matters

Quality Divorce and Family Law Legal Advice and Second Opinions and Some Philosophical Spice ! Because this Blog has brought me into contact with so many wonderful people, a segment of whom are facing ...
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Marriage of MARGULIS - Fiduciary Duties of MANAGING SPOUSES

Marriage of Margulis, Part 2 - Duties of Managing Spouses Please see Part I of my evaluation of IRMO Margulis as the launching point for understanding the appellate court's outline of interspousal ...
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Thurman Arnold Comments Featured in August, 2011, CALIFORNIA LAWYER MAGAZINE

We are pleased to announce that Thurman W. Arnold, C.F.L.S. was interviewed for the August, 2011, publication of California Lawyer addressing the consequences of the Elkins changes to California ...
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IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS

An Explanation of CA Fiduciary Duties! Marriage of Margulis ( 8/11/2011) 198 Cal.App.4th 277 Part One I am always pleased to report cutting edge rulings by our appellate courts, and this is one of the ...
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Divorce and Family Lawyers Who LIE - EQUANIMITY and DIVORCE PRACTICE

Divorce 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) ...
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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? 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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I Am Filing for Divorce and Believe My Spouse is Hiding Funds in a SAFE DEPOSIT BOX. What Can I Do?

Q. I intend to file for divorce shortly, but believe my spouse has placed a significant amount of cash in a safe deposit box. Any recommendations on how I might keep that money from disappearing? ...
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Recovering UNINSURED HEALTH COSTS as Additional CHILD SUPPORT

Q. The judge is my case recently refused my request that my ex reimburse me for uninsured health costs for our two children that have run up over the past two years. Is this right? J.M., La Quinta, ...
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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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Court Upholds SPOUSAL SUPPORT WAIVER In PRENUPTIAL AGREEMENT

Spousal Support Waivers in Premarital Agreements May Be Enforced Marriage of Howell (May 24, 2011) 195 Cal.App.4th 1062 The Fourth District out of San Diego County recently published an opinion ...
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Announcing the Launch of LAFMS - DIVORCE and FAMILY LAW MEDIATION in Los Angeles and Beverly Hills!

I Am Pleased to Announce the Launch of LOS ANGELES FAMILY MEDIATION SERVICES Mediators and Co-Mediators Serving the Greater Los Angeles Area Some of you may know that within the Coachella Valley, I am ...
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FORM OF TITLE Trumps COMMUNITY PROPERTY PRESUMPTION Where Life Insurance Is An Asset in DIVORCE

Marriage of Valli, B222435 PLEASE NOTE - The California Supreme Court granted review of this decision on 8/24/11 and as a result the opinion reviewed below has been vacated. 8/26/11 TWA POSTSCRIPT: On ...
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RECURRING GIFTS From Parents May Be "INCOME" For Purposes of Determining Need for ATTORNEY FEES!

Family Gifts to the Other Party Can Be a Source for Your Own Attorney Fees As I have been trumpeting now for months, the appellate courts are actively attempting to control and limit family law ...
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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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San Diego Trial Court REVERSED (Again) in MOVE-AWAY Case

Parental Relocations and Move-Away Cases In response to a recent article I posted about the case of F.T. vs. L.J., the mother of the Mother in Mark T. vs. Jaime Z. submitted a comment about a new ...
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Announcing the REVENGE of ELKINS - How Family Courts Are Making Your DIVORCE More Expensive Than Ever Before!

The consequences from the 2011 Elkin's Task Force changes to the Family Code are beginning to take roost, making your efforts to obtain a California divorce, legal separation, annulment, or ...
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