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Blog Posts in 2013

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2014 Legislative Changes and Amendments to the CA Family Code

Q. What are the most important 2014 changes and revisions to the California Family Law Act? 2014 Legislative Changes/Amendments to the California Family Code 2013 was definitely a boring year in terms ...
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Time for Producing Documents at Family Law DEPOSITIONS

Q. What do I need to know about setting my spouse's deposition and ensuring he brings all necessary documents with him for my review? 10 Day Notice Period for Document Production at a Deposition ...
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How Long Can I Be Forced to Participate in a Family Law DEPOSITION?

New Limitation for Time Period of Submitting to Family Law Depositions By: Michael C. Peterson, Esq. There were quite a few changes to the codes of California effective at the beginning of 2013. To be ...
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SANCTIONS for Failure to Disclose SEPARATE PROPERTY As Breach of Fiduciary Duty - Marriage of Simmons

Marriage of Simmons (April 18, 2013) 215 Cal.App.4th 584 Q. Does a spouse have the obligation to disclose separate property assets in the course of a dissolution proceeding and, if so, what are the ...
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Thurman Arnold, III, to Co-Present National Family Law Webinar on Family Law Evidence Rules

Dear Enlightened Divorce Blog™ Reader and Colleagues (Get CLE Credits!): I am pleased to announce that I will be speaking in an upcoming Strafford live webinar, "Evidentiary Challenges in ...
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Brilliant Article About Thurman Arnold (Sr.) In August 2013 Washinton Monthly

Here's a link to a brilliant article (of course I would say that) by iconoclastic jounalist Barry C. Lynn about my grandfather's continuing legacy and how it facilitated the economic flowering ...
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Some Pointers for Lawyers and Parties Who Face SURPRISE MOTIONS TO QUASH

Q. How should I handle a motion to quash in a family law proceeding when the other party brings it up at the first hearing? Anticipating and Opposing Last Minute, Bogus, Motions to Quash Service of ...
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What Are the Important COURT FILING and SERVICE DEADLINES in Divorce and Family Law?

Q. I am an in Pro Per dad getting tripped up by the rules pertaining to service in my divorce proceedings. I seem to get something wrong every time! Can you give us an outline of when to serve what, ...
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How Do I Get My Ex's Tax Returns?

POST-JUDGMENT DISCOVERY IN DIVORCE OR CHILD SUPPORT CASES CA Family Code Section 3665 How Do I Get My Ex-Spouse's Yearly Tax Returns? Family Code section 3665 is typically applied in situations ...
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Avoiding Temporary SPOUSAL SUPPORT for DOMESTIC VIOLENCE

Q. My wife was arrested for domestic violence about seven years ago (two years before we married). She threatened me with a gun. Police were called and she was arrested. I didn't want to press charges ...
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Indio Judge Otis Sterling | Riverside County Family Law Judges

Indio's Newest Family Court Judge, Otis Sterling (Reprinted from the June, 2013 Family Law Section (FLS) of the Desert Bar Association Newsletter) By T.W. Arnold, 2012, 2013 FLS Chair Judge Otis ...
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A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES

What Are the Key California Fiduciary Duty Statutes, and How Are They Applied ? Part I - Introduction to Fiduciary Duties Given the large number of reversals of fiduciary duty claims at the trial ...
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Marriage of Kahn - Self-Represented Parties, Discovery Sanctions and Indio Divorce Attorneys

Marriage of Kahn (2013) 215 Cal.App.4th 1113 - Don't Think You Can Get Away With Discovery Game Playing By Becoming Self-Represented! Or "How to Avoid Divorce Trance for Lawyers Who Represent ...
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Jack Russells and Myasthenia Gravis and Aspirational Pneumonia - One Puppy Dad's Experience

A Tail of One Sick Puppy Dog, "Jake" the Jack Russell Terrier and Observations of His Owner - Myasthenia Gravis! by TWA So, I've just come off the week from Hell and in this Facebook, ...
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Marriage of Georgiou: The Time To File Fiduciary Duty Set Aside Motions Is Limited!

Marriage of Georgiou and Leslie: If Your Attorney(s) Fails to Ask the Right Questions, and You Have Some Information About the Nature of a Potential Community Property Asset, You Had Better Act Fast! ...
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Is It Possible to Appear In My FAMILY LAW or DIVORCE Case by Phone?

Q. I have an upcoming hearing in my family law case. Can I appear by telephone or must I be physically present in the courtroom? A. There is authority for telephonic appearances in California family ...
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Marriage of Facter: Best Practices for Drafting California Premarital Agreements Waiving or Limiting Spousal Support

Marriage of Facter : Appellate Court Clues About Unconscionability of Spousal Support (and Other) Waivers in Prenups at Time of Enforcement By TWA III The lawyers among you will know that California ...
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How Should BONUS INCOME Be Treated for Child and Spousal Support Purposes In California?

"Bonus" Income and Ostler & Smith Awards: Best Practices For How to Ensure Fair Child and Spousal Support Awards It is not uncommon for parties to divorce or custody proceedings to be ...
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Does the FIFTH AMENDMENT Apply to Perjury in Family Law | Divorce Cases?

Q. Can I assert the Fifth Amendment in my divorce | family law proceedings? Asserting the Fifth Amendment Privilege Against Self-Incrimination in Family Law Cases in California: Severe Adverse ...
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New Requirement for MEET AND CONFER Before RFO Hearings!

Parties to Family Law and Divorce Litigation Are Now Required to "Meet and Confer" Before Hearings In the never ending struggle to force family law litigants to stop the bickering and ...
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How To COLLECT On Family Court ORDERS For Support or Money Judgments In Property Division!

Enforcing California Family Court Orders and Awards for Money One of the most effective ways to end the misery of high-conflict divorce with a recalcitrant spouse or co-parent is to enforce the money ...
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Indio Family Court Comm. Gregory Olson | Riverside County Family Law Judges

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 ...
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New Cal. Rules of Court, Rule 5.111 - Increasing Litigation Costs Impairs Justice

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 ...
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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

Second Opinion Family Law Consults You have found this website because you have questions about a system of rules that is alien and certain to dramatically change the landscape of your life, ...
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What Is The "B-BUMP" In SPOUSAL SUPPORT Software Programs?

Q. I am in the process of settling my divorce with my ex-husband. Our only dispute is a fair amount of spousal support that I will receive. His attorney mentioned something he called the ...
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