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Recent Posts in Changes in the Law Category

Can Supported Retired Spouse Be Forced to Fund Own Support or Resume Working After Age 65 | Marriage of McLain

Extending Marriage of Reynolds, Senior Citizens Facing Divorce Cannot Be Forced to Quit Retirement to Fund Their Self-Support The California Fourth Appellate District, Division Two, which includes ...
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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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Happy New Year to the Family Law Community of Afflicted Parties and Their Counsel!

2016 Revisions to the California Family Code, Rules of Court, and Judicial Council Forms! Greetings All, and especially to our client base in Palm Desert, Indian Wells, La Quinta, Palm Springs, and ...
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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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2015 AMENDMENTS To Family Code: The Obsolescence of a "HUSBAND" and "WIFE"

Gender Neutrality and Same-Sex Equality: The California Family Code Becomes Politically and Psychologically Correct in 2015 ! With a stroke of his pen on July 7, 2014, Governor Gerry Brown signed a ...
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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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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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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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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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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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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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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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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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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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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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Divorce and Family Lawyers Who LIE - EQUANIMITY and DIVORCE PRACTICE

Divorce Lawyers Who Lie Some lawyers, like some people, lie to the Court - particularly in the more contentious of family law cases where emotions run highest. Our culture (and our lower natures) ...
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We Married As a California SAME-SEX Couple But Since I Have Completed My SEX-CHANGE OPERATION.

Q. I was married in June, 2008 as Patricia B. to Jill G. I obtained a name and gender change court decree several months later. We now want to marry as a different-sex couple. Do we need to first ...
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2011 REVISIONS to the California FAMILY CODE: "CHILD CUSTODY RECOMMENDING COUNSELORS"

Family Code section 3183, which governs custody mediators who are required by Family Code section 3160 to be offered by all California Superior Courts, has been revised effective 1/1/11 to mandate ...
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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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What STANDARDS Are JUDGES Likely to APPLY When A REQUEST FOR CHILD TESTIMONY Is Made?

Q. I have heard that children will be able to decide which parent they want to live with in 2011, is this true? A. No. However, at certain ages their input may become more important to courts in ...
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