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Recent Posts in Burdens of Proof Category

Can Spouses Be Found to Have Gifted Their Share in Community Property to the Other? Problems Affecting SP Residences.

Community Property Gifts to the Separate Property of the Other Spouse When the community estate pays money towards the separate property assets or expenses of the other spouse, is it always entitled ...
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How Oppose Illegal Video or Audio Recordings in DV and Other Family Law Proceedings?

What to Do With Illegally Obtained Recordings in Domestic Violence and Other Family Law Situations Over the years I've seen a lot of attempted over-reaches by parties to family law cases. One is ...
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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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The Art of the Objection In California Family Law Litigation

The Art of Family Law and Divorce Objections: Evidence and Procedure in California Family Law Proceedings and RFO Requests By: Michael C. Peterson, CFLS Introduction: Whether you are an attorney, or ...
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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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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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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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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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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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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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Joint legal and sole physical custody Mom needs help.

I am a mom in San Diego County. There are court orders for joint legal custody and sole physical to me. The old orders said I could move anywhere within San Diego County. I just changed our son's ...
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