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Recent Posts in Attorney Fees Category

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Marriage of Sagonowsky | Family Code 271 Sanctions Limited to Awards For Attorney Fees and Costs | Try CCP Section 128.5!

Family Code Section 271 Only Authorizes Trial Courts to Issue Sanctions' Awards in the Form of Attorney Fees and Costs, and Not General Damages for the Consequences of Alleged Misconduct We've ...
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Are My Attorney Fees Paid In Connection With Spousal Support Tax Deductible?

Q. I obtained orders for spousal support, which my husband objected to without success, in our pending dissolution. A friend told me that I am entitled to deduct all my attorney fees on my federal and ...
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I've FIRED MY ATTORNEY But She Won't Release My FILES - What Should I do?

Q. I want to fire my divorce attorney. She claims I owe her money for legal services, but I don't feel I owe her because I was double billed for some items, and she is actually charging me 4 hours of ...
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We've Updated Our Sample 'STATEMENT OF DECISION' California Family Law Portal With Most of these Forms You'll Need!

Sample and Exemplar Statements of Decision in California Dissolution and Non-Marital Family Law Cases We've just uploaded six new templates for tentative rulings and sample statements of decision ...
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Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!

New: Sample and Exemplar Forms For Drafting Pleadings and Discovery in Marital Dissolution and Family Law Cases in January, 2014 we began cobbling together a form library containing selected pleadings ...
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I Received the Husband's PRELIMINARY DECLARATION OF DISCLOSURE But It Omits to VALUE Any Asset. Is This Proper?

Q. I am an attorney practicing in San Bernardino. I represent the wife in a dissolution action we filed and served a little more than 60 days ago. I recently received from opposing counsel her ...
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I Owe My Attorney $100,000 and She Is Reluctant to File a Breach of Fiduciary Duty Motion for Me - Should I Go It Alone?

Hi Mr. Arnold, I am in a very contentious divorce. Long story short: had a 7 day bifurcated trial on date of separation while judge refused to schedule a hearing for attorney fees before and during ...
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Riverside Family Court Judge Reversed on Attorney Fee Request - Exalts FORM Over SUBSTANCE

Marriage of Sharples : Trial Court Must Not Exalt Court Forms Over Substance When Ruling On Attorney Fees Requests A Riverside County family court judge was recently overturned in a denial of attorney ...
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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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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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FLARPLS or Charging Lien In Your Divorce ? | Assuring Continued Quality Legal Representation

Charging and Family Attorney Real Property Liens: Procedures and Ethical Obligations Some divorces quickly become obscenely expensive. Family law lawyers see high cost cases commonly where trial ...
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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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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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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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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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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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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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Marriage of Fong | 271 SANCTIONS | Burden to Prove Ability to Pay

I've recently blogged the 2nd Appellate District's March 3, 2011 decision in Marriage of Fong (2011) 193 Cal.App.4th 278 as it pertains to each party's obligation to comply with Family ...
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FAMILY LAW SANCTIONS and DUE PROCESS: Santa Barbara Trial Court Reversed in IRMO DURIS

Visitors to my websites know that I am biased in favor of mediation, believing that parties to litigation involving their family should opt to resolve their disputes themselves rather than undertake ...
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SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE

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, ...
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ATTORNEY FEES In CUSTODY Cases: 2011 Family Code Amendments

2011 Family Code Changes Affecting Attorney Fee Requests Along with other changes to the California Family Code brought about by the Elkins Committee's recommendations, Family Code section 3121 ...
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Making Attorneys Accessible to Family Law Litigants: 2011 ATTORNEY FEE REVISIONS TO THE FAMILY CODE

December is new legislation month at the Enlightened Divorce Blog™ presented by southern California Family Law Attorney Thurman W. Arnold. My goal is to inform you well, and early on, on any ...
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ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

Elkins and Live-Witness Testimony 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 ...
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