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The Date of Separation Wars Continue - Will New Family Code Section 70 Abrogate Marriage of Davis?

The Uncertain Landscape of Date of Separation in California Divorce - New Family Code Section 70 My colleague, attorney David C. Stone of Anaheim, recently brought to my attention Senate Bill 1255 ...
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May I Make a Motion for a Directed Verdict in a California Family Law Case?

What is the Correct Procedure for Making a Motion for Judgment in a Family Law, Non-Jury Trial? Most trial lawyers, and particularly those with jury trial experience, are generally familiar with a ...
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Magnitude 8.1 Earthquake Rocks California Laws Governing Date of Separation - Meet Marriage of Davis!

California Divorce Laws Rocked by Seismic Shift In Defining Date of Separation ! Marriage of Davis (7/20/15) [Click to Read] By T.W. Arnold III, CFLS In what is possibly its most shocking family law ...
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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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What Is Our DATE OF SEPARATION? Maybe Whatever a Trial Court Says It is!

Q. My wife and I have continued to reside in the same household, although we each understood the marriage was over several years ago. We continued to live together for the kids, and to share expenses ...
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I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?

TIPS FOR CHALLENGING TRIAL COURT RULINGS: AN OVERVIEW OF NON-APPEAL MECHANISMS, AND THEIR GROUNDS AND PROCEDURES So you have been given a decision in your case and you don't like all or part of ...
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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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Court Upholds PRENUPTIAL AGREEMENT Where Wife Alleged Husband Falsely Stated Net Worth

In Re Marriage of Hill and Dittmer (1/18/12), B226017 While prenuptial agreements were once viewed with suspicion by trial courts, a recent decision reflects the current trend to uphold them ...
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If DATE OF SEPARATION Is Contested, What Do Courts Look At?

Q. If I contest date of separation, what evidence do courts look at? A. The question for trial courts is: Does one or both spouses objectively and subjectively act and appear as though they intend a ...
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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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How Do I Get An Order for ATTORNEY FEES in a COMPLEX CASE?

Q. My divorce seems like it has stalled. My wife operates our family business, we own several properties including a commercial building and she collects the rents, she isn't cooperating with me ...
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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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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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What METHODS are used for VALUING BUSINESSES in divorce?

Q. I own a business that I began shortly after marriage. Now I am getting divorced. Is this community property even though my partner never worked the business, and if it is what methods might be used ...
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When are ASSETS VALUED for purposes of DIVISION in a California DISSOLUTION?

Q. My wife and I separated two years ago and we have decided to divorce. We don't agree on the date we should use to value some of our property, like the home where she's been living in with ...
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