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Blog Posts in 2012

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In Re DRAKE M.: Marijuana Use Is Not Necessarily Abuse

GUEST BLOG! Pot: Lawful Use is Not Necessarily Abuse by Mark D. Gershenson, Esq. Marijuana has been in the news quite a bit lately. Voters in the states of Colorado and Washington voted last month to ...
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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 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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Introduction to UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) Issues

CHILD CUSTODY AND VISITATION JURISDICTION UNDER THE UCCJEA INTRODUCTION When there are disputes involving the children of parents who reside in different states, where the child resides, or more ...
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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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ATTORNEY FEE ETHICS - Some Basic Things to Watch For Regarding Family Case Fees and Billings

Red Flags To Watch for in Retaining Your Family Law Attorney Here are some useful pointers about attorney fee arrangements that most divorce clients aren't aware of, and which many attorneys ...
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Dividing JOINTLY TITLED PROPERTY Acquired Before Marriage (or RDP) - Family Law Act or Partition?

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 ...
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Thurman Arnold to Present November, 2012 Workshop to the California Legal Secretaries, Inc. Organization

Thurman Arnold to Speak at the California Legal Secretaries' November, 2012 Convention We are pleased to announce that Mr. Arnold has agreed to give a presentation entitled "The Emotional and ...
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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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FORGIVING and Divorce: Applying the Forgiveness Principles Espoused By Robert Enright, Ph.D

" The Forgiving Life, " by Robert D. Enright, Ph.D Robert D. Enright, Ph.D, has a mission. He is one of the leading 'forgiveness warriors ' of our times. He has recently published "The ...
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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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Is It Proper To Give A GAVRON WARNING Before the Final Judgment Is Entered?

Q. Is it proper for the Family Court to give a domestic partner a Gavron Warning when I am receiving temporary partner support and we haven't divided our assets so that no final judgment has been ...
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Do California Courts "ADD BACK" DEPRECIATION In Determining Child and Spousal Support?

Q. How do California Family Courts deal with depreciation in setting child and spousal support? Does depreciation reduce the paying spouse's income available for support and so lessen the amount ...
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Judicial Council Releases New Rules of Court for CHILD TESTIMONY Re CUSTODY PREFERENCES

California Rules of Court For Children's Testimony Expressing Parental Preferences Per Family Code Section 3042 - C.R.C. RULE 5.250 On January 1, 2011 amended Family Code section 3042 became ...
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MARITAL BALANCE SHEET Programs and Free Divorce Calculators

Free Divorce Calculators for Property Division, Support, and Taxes I recently had the opportunity to meet with Donna Smalldon, who is a collaborative law financial neutral and co-mediator based out of ...
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How To COLLECT ARREARS For CHILD and SPOUSAL SUPPORT?

Q. I am owed past due support from my ex. How should I proceed to collect this? A. There are several strategies you can employ, including a contempt citation (which can be problematic, expensive and ...
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RE-ELECT JUDGE JAMES COX - Best Riverside County Judges, 2012 Election

Thurman Arnold Endorses Superior Court Judge James Cox For Re-Election in 2012 There are a number of candidates for several judicial positions that have opened up in Riverside County for the June, ...
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FORM 8332 NOW MANDATORY TO CLAIM DEPENDENCY EXEMPTIONS

Form 8332 Must Be Submitted With Your Return If A Noncustodial Parent Wishes to Receive the Dependency Exemption for a Child There has been an important 2011 change in IRS policies with regard to the ...
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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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How Are BUSINESSES Owned Before Marriage DIVIDED In Divorce?

Q. My Wife is a personal injury lawyer with a good practice which she started six years before we married. We have been separated for nine months, after nine years together. She just sent me a ...
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What Does the Term "Marital Standard of Living (MSL)" Mean?

Q. What is meant by the words "marital standard of living" in dissolution actions? In California lawyers in high earner dissolution cases often speak of Marital Standard of Living (MSOL or ...
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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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What Happens In Divorce When One Spouse Owned A Residence At the Date of Marriage?

Q. I am not on title to a home my husband owned before we married but we paid the mortgage for 7 years. If we divorce, do I have any interest in it? There is an important concept under California Law ...
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